Bill Text: NJ A2072 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes cross-acceptance of local master plans; intermunicipal review of certain development applications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-17 - Introduced, Referred to Assembly Housing and Local Government Committee [A2072 Detail]
Download: New_Jersey-2012-A2072-Introduced.html
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Establishes cross-acceptance of local master plans; intermunicipal review of certain development applications.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the adoption of local master plans and the development approval process, supplementing P.L.1975, c.291 (C.40:55D-1 et seq.) and amending various parts of the statutory law.
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 Review Act."
2. (New section) The Legislature finds and declares that:
a. The public safety, health and general welfare require that county and municipal governments act in a coordinated and integrated fashion to promote regional prosperity and economic development, and to protect regional infrastructure and environmental resources;
b. Significant economies, efficiencies and savings in the development process would be realized by the development industry and by public entities if several levels of government involved in land use decision making would cooperate in the preparation of and adherence to sound and integrated plans and, in particular, the coordination of development review among counties and municipalities, where appropriate;
c. In adopting the "Municipal Land Use Law" in 1975, and particularly subsection d. of section 2 thereof (P.L.1975, c.291 C.40:55D-2), the Legislature recognized the importance of intermunicipal cooperation in order to ensure the general welfare of neighboring municipalities, the county and the State as a whole;
d. Because of increasing concerns about traffic, environmental, and other impacts that do not observe municipal boundaries, local governments should have an effective role in decisions regarding development applications in neighboring municipalities and counties when such developments could adversely affect them;
e. The statewide planning process established by the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.), and especially its provisions regarding "cross-acceptance," provide for a collaborative planning process that is intended to balance local interests with the regional general welfare and should be extended to incorporate the process whereby county plans are adopted;
f. It is in the public
interest to encourage development, redevelopment and economic growth in
locations that are well situated with respect to present or anticipated public
services and facilities, and to discourage development where it may impair or
destroy natural resources or environmental qualities that are vital to the
health and well-being of State residents; and
g. To the extent that the encouragement of a coordinated planning process among the State, counties and municipalities should serve to direct the attention of decision makers toward the regional impacts of proposed developments, infrastructure concerns may be more easily taken into account, resulting in more rational decision making Statewide and greater economies and efficiencies overall.
3. Section 3 of P.L.1975, c.291 (C.40:55D-3) is amended to read as follows:
3. For the purposes of this act, unless the context clearly indicates a different meaning:
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
"Administrative officer" means the clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute. In connection with a development in an area of intermunicipal impact, "administrative officer" means the clerk of the primary municipality, unless a different municipal official or officials are designated by ordinance or statute.
"Affected county" means any county which, in the determination of the county planning board, will be affected by a development of intermunicipal impact.
"Affected municipality" means a municipality which will be affected by a development of intermunicipal impact.
"Agricultural land" means "farmland" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).
"Applicant" means a developer submitting an application for development.
"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).
"Approving authority" means the planning board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.), or, in connection with a development of intermunicipal impact, approving authority means the intermunicipal review board.
"Area of intermunicipal impact" means any area or site identified in the county master plan that, by virtue of its location, planned density, intensity or land use may have impacts beyond the political boundaries of the municipality or county in which that area or site is situated.
"Board of adjustment" means the board established pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69).
"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
"Cable television company" means a cable television company as defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Capital improvement" means a governmental acquisition of real property or major construction project.
"Circulation" means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
"Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.
"Conventional" means development other than planned development.
"County agriculture development board" or "CADB" means a county agriculture development board established by a county pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).
"County master plan" means a composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.
"County planning board" means the county planning board, as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land or development is located.
"Cross
acceptance" means a process of comparison of land use and growth
management planning policies by counties and their constituent municipalities
with the purpose of attaining compatibility between county and municipal master
plans and a
designation of areas of intermunicipal impact within those plans in accordance
with the procedures provided for in R.S.40:27-4.
(cf: P.L.2004, c.2, s.32)
4. Section 3.1 of P.L.1975, c.291 (C.40:55D-4) is amended to read as follows:
3.1 "Days" means calendar days.
"Density" means the permitted number of dwelling units per gross area of land to be developed.
"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this act.
"Development of intermunicipal impact" means a development that, by virtue of its location, planned density, intensity or land use may have impacts beyond the political boundaries of the municipality or county in which that development is situated, according to criteria established in the county master plan.
"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance, and in accordance with recognized environmental constraints.
"Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this act.
"Development transfer" or "development potential transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance.
"Development transfer bank" means a development transfer bank established pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the State TDR Bank.
"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
"Environmental commission" means a municipal advisory body created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).
"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
"Final approval" means the official action of the planning board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
"Floor area ratio" means the sum of the area of all floors of buildings or structures compared to the total area of the site.
"General development plan" means a comprehensive plan for the development of a planned development, as provided in section 4 of P.L.1987, c.129 (C.40:55D-45.2).
"Governing body" means the chief legislative body of the municipality. In municipalities having a board of public works, "governing body" means such board.
"Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
"Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
"Inherently beneficial use" means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.
"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.
"Interested party" means: (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.
"Intermunicipal review board" means that board which is convened by the primary municipality to consider an application involving a development of intermunicipal impact pursuant to section 36 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Land" includes improvements and fixtures on, above or below the surface.
"Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.
"Lot" means a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
(cf: P.L.2009, c.46, s.1)
5. Section 3.2 of P.L.1975, c.291 (C.40:55D-5) is amended to read as follows:
3.2. "Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Major subdivision" means any subdivision not classified as a minor subdivision.
"Master plan" means a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).
"Mayor" means the chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.
"Military facility" means any facility located within the State which is owned or operated by the federal government, and which is used for the purposes of providing logistical, technical, material, training, and any other support to any branch of the United States military.
"Military facility commander" means the chief official, base commander or person in charge at a military facility.
"Minor site plan" means a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
"Minor subdivision" means a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42).
"Municipality" means any city, borough, town, township or village.
"Municipal resident" means a person who is domiciled in the municipality.
"Municipal agency" means a municipal planning board or board of adjustment, an intermunicipal review board, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this act.
"Nonconforming lot" means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
"Nonconforming structure" means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Office of Smart Growth" means the Office of State Planning established pursuant to section 6 of P.L.1985, c.398 (C.52:18A-201).
"Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S.40:27-5.
"Official map" means a map adopted by ordinance pursuant to article 5 of P.L.1975, c.291.
"Offsite" means located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application or the closest half of the street or right-of-way abutting the property of which the lot is a part.
"Off-tract" means not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-of-way.
"Onsite" means located on the lot in question and excluding any abutting street or right-of-way.
"On-tract" means located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
"Open-space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land.
(cf: P.L.2005, c.41, s.2)
6. Section 3.3 of P.L.1975, c.291 (C.40:55D-6) is amended to read as follows:
3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).
"Performance guarantee" means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Planned commercial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
"Planned industrial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
"Planned unit development" means an area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
"Planned unit residential development" means an area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
"Planning board" means the municipal planning board established pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).
"Plat" means a map or maps of a subdivision or site plan.
"Preliminary approval" means the conferral of certain rights pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46; C.40:55D-48; and C.40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
"Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
"Primary county" means any county in which a primary municipality is located.
"Primary municipality" means any municipality in which is situated the majority of the land area of a development of intermunicipal impact.
"Public areas" means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
"Public development proposal" means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
"Public drainage way" means the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
"Public open space" means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
"Public utility" means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.
"Quorum" means the majority of the full authorized membership of a municipal agency.
"Receiving zone" means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), within which development may be increased, and which is otherwise consistent with the provisions of section 9 of P.L.2004, c.2 (C.40:55D-145).
"Residential cluster" means a contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
"Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
"Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
(cf: P.L.2004, c.2, s.35)
7. Section 4 of P.L.1975, c.291 (C.40:55D-8) is amended to read as follows:
4. Administrative procedures; fees. a. Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or with any applicable ordinance, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer.
b. Fees to be charged (1) an applicant for review of an application for development by a municipal agency, and (2) an appellant pursuant to section 8 of this act shall be reasonable and shall be established by ordinance. In addition to covering the administrative costs associated with the implementation of P.L.1975, c.291 (C.40:55D-1 et seq.), these fees shall be used to defray the cost of tuition for those persons required to take the course in land use law and planning in the municipality as required pursuant to P.L.2005, c.133 (C.40:55D-23.3 et al.). Fees to be charged an applicant for review of an application for a development of intermunicipal impact shall be those fees established by ordinance by the primary municipality pursuant to this subsection.
c. A municipality may by ordinance exempt, according to uniform standards, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C.501(c) or (d)) from the payment of any fee charged under this act.
d. A municipality shall exempt a board of education from the payment of any fee charged under this act.
e. A municipality may by ordinance exempt, according to uniform standards, a disabled person, or a parent or sibling of a disabled person, from the payment of any fee charged under this act in connection with any application for development which promotes accessibility to his own living unit.
For the purposes of this subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the federal Social Security Act (42 U.S.C.416), or the federal Railroad Retirement Act of 1974 (45 U.S.C.231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
(cf: P.L.2005, c133, s.1).
8. Section 6 of P.L.1975, c.291 (C.40:55D-10) is amended to read as follows:
6. Hearings. a. The municipal agency shall hold a hearing on each application for development, adoption, revision or amendment of the master plan, each application for approval of an outdoor advertising sign submitted to the municipal agency as required pursuant to an ordinance adopted under subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39) or any review undertaken by a planning board pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31).
b. The municipal agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
c. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c.38 (C.2A:67A-1 et seq.) shall apply.
d. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
e. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
f. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to section 8 of this act, of decisions by the zoning board of adjustment pursuant to subsection 57d. of this act, up to a maximum amount as specified by the ordinance.
The municipal agency, in furnishing a transcript or tape of the proceedings to an interested party at his expense, shall not charge such interested party more than the actual cost of preparing the transcript or tape. Transcripts shall be certified in writing by the transcriber to be accurate.
g. The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:
(1) A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or
(2) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. If only one member who voted for the action attends the meeting at which the resolution is presented for adoption, the resolution may be adopted upon the vote of that member. An action pursuant to section 5 of the act (C.40:55D-9) (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections h. and i. of this section (C. 40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.
h. A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
i. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. In the case of a development of intermunicipal impact, a brief notice of the decision shall also be published in the official newspaper or newspapers of each affected municipality and affected county, if there be one, or in a newspaper of general circulation in those municipalities and counties. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained in this act shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.
(cf: P.L.2004, c.42, s.5)
9. Section 8 of P.L.1979, c.216 (C.40:55D-10.1) is amended to read as follows:
8. At the request of the developer, the planning board or, in the case of a proposed development of intermunicipal impact, the intermunicipal review board, shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development. The developer shall not be bound by any concept plan for which review is requested, and the planning board or intermunicipal review board, as the case may be, shall not be bound by any such review.
(cf: P.L.1985, c.516, s.4)
10. Section 5 of P.L.1984, c.20 (C.40:55D-10.3) is amended to read as follows:
5. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency, when so certified by the municipal agency or its authorized committee or designee. In the case of a development of intermunicipal impact, the certification that an application is complete shall be effectuated by the administrative officer of the primary municipality. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period, unless: a. the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and b. the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
(cf: P.L.1984, c.20, s.5)
11. Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:
7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given at least 10 days prior to the date of the hearing.
a. Public notice of a hearing shall be given for an extension of approvals for five or more years under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice.
In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31) or, if so provided by ordinance adopted pursuant to subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality; in the case of an application for a development of intermunicipal impact, public notice shall also be given by publication in the official newspaper of each affected municipality and affected county, if there be one, or in a newspaper of general circulation in the municipality or county, as appropriate.
b. Notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
f. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).
h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991. c.412 (C.40:55D-12.1), by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.
i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.
(cf: P.L.2005, c.41, s.3)
12. Section 7.2 of P.L.1975, c.291 (C.40:55D-13) is amended to read as follows:
7.2 The planning board shall give:
(1) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality at least 10 days prior to the date of the hearing;
(2) Notice by personal service or certified mail to the clerk of [an] each adjoining municipality of all hearings on adoption, revision or amendment of [a] the master plan [involving property situated within 200 feet of such adjoining municipality] at least [10] 35 days prior to the date of any such hearing;
(3) Notice by personal service or certified mail to the county planning board and to the Office of State Planning of (a) all hearings on the adoption, revision or amendment of the municipal master plan at least [10] 35 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (b) the adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the master plan or revision or amendment thereto.
(cf: P.L.1975, c.291, s.7.2)
13. Section 19 of P.L.1975, c.291 (C.40:55D-28) is amended to read as follows:
19. Preparation; contents; modification. a. The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare.
b. The master plan shall generally comprise a report or statement and land use and development proposals, with maps, diagrams and text, presenting, at least the following elements (1) and (2) and, where appropriate, the following elements (3) through (16):
(1) A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based;
(2) A land use plan element (a) taking into account and stating its relationship to the statement provided for in paragraph (1) hereof, and other master plan elements provided for in paragraphs (3) through (14) hereof and natural conditions, including, but not necessarily limited to, topography, soil conditions, water supply, drainage, flood plain areas, marshes, and woodlands; (b) showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes; and stating the relationship thereof to the existing and any proposed zone plan and zoning ordinance; [and] (c) showing the existing and proposed location of any airports and the boundaries of any airport safety zones delineated pursuant to the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et al.); [and] (d) including a statement of the standards of population density and development intensity recommended for the municipality; (e) showing the location and boundaries of all areas of intermunicipal impact designated in the county master plan pursuant to R.S.40:27-2; and (f) setting forth any thresholds to be used in the designation of developments of intermunicipal impact which are not situated in areas of intermunicipal impact;
(3) A housing plan element pursuant to section 10 of P.L.1985, c.222 (C.52:27D-310), including, but not limited to, residential standards and proposals for the construction and improvement of housing;
(4) A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about, and through the municipality, taking into account the functional highway classification system of the Federal Highway Administration and the types, locations, conditions and availability of existing and proposed transportation facilities, including air, water, road and rail;
(5) A utility service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities, and including any storm water management plan required pursuant to the provisions of P.L.1981, c.32 (C.40:55D-93 et al.). If a municipality prepares a utility service plan element as a condition for adopting a development transfer ordinance pursuant to subsection c. of section 4 of P.L.2004, c.2 (C.40:55D-140), the plan element shall address the provision of utilities in the receiving zone as provided thereunder;
(6) A community facilities plan element showing the existing and proposed location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;
(7) A recreation plan element showing a comprehensive system of areas and public sites for recreation;
(8) A conservation plan element providing for the preservation, conservation, and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species wildlife and other resources, and which systemically analyzes the impact of each other component and element of the master plan on the present and future preservation, conservation and utilization of those resources;
(9) An economic plan element considering all aspects of economic development and sustained economic vitality, including (a) a comparison of the types of employment expected to be provided by the economic development to be promoted with the characteristics of the labor pool resident in the municipality and nearby areas and (b) an analysis of the stability and diversity of the economic development to be promoted;
(10) An historic preservation plan element: (a) indicating the location and significance of historic sites and historic districts; (b) identifying the standards used to assess worthiness for historic site or district identification; and (c) analyzing the impact of each component and element of the master plan on the preservation of historic sites and districts;
(11) Appendices or separate reports containing the technical foundation for the master plan and its constituent elements;
(12) A recycling plan element which incorporates the State Recycling Plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance, and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land;
(13) A farmland preservation plan element, which shall include: an inventory of farm properties and a map illustrating significant areas of agricultural land; a statement showing that municipal ordinances support and promote agriculture as a business; and a plan for preserving as much farmland as possible in the short term by leveraging moneys made available by P.L.1999, c.152 (C.13:8C-1 et al.) through a variety of mechanisms including, but not limited to, utilizing option agreements, installment purchases, and encouraging donations of permanent development easements;
(14) A development transfer plan element which sets forth the public purposes, the locations of sending and receiving zones and the technical details of a development transfer program based on the provisions of section 5 of P.L.2004, c.2 (C.40:55D-141);
(15) An educational facilities plan element which incorporates the purposes and goals of the "long-range facilities plan" required to be submitted to the Commissioner of Education by a school district pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4); and
(16) A green buildings and environmental sustainability plan element, which shall provide for, encourage, and promote the efficient use of natural resources and the installation and usage of renewable energy systems; consider the impact of buildings on the local, regional and global environment; allow ecosystems to function naturally; conserve and reuse water; treat storm water on-site; and optimize climatic conditions through site orientation and design.
c. The master plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.
d. The master plan shall include a specific policy statement indicating the relationship of the proposed development of the municipality, as developed in the master plan to (1) the master plans of contiguous municipalities, (2) the master plan of the county in which the municipality is located, including a statement explaining how the master plan is consistent with the growth management objectives established for areas of intermunicipal impact designated within the municipality pursuant to R.S.40:27-2, (3) the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," sections 1 through 12 of P.L.1985, c.398 (C.52:18A-196 et seq.) and (4) the district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) of the county in which the municipality is located.
In the case of a municipality situated within the Highlands Region, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), the master plan shall include a specific policy statement indicating the relationship of the proposed development of the municipality, as developed in the master plan, to the Highlands regional master plan adopted pursuant to section 8 of P.L.2004, c.120 (C.13:20-8).
(cf: P.L.2008, c.54, s.1)
14. Section 25 of P.L.1975, c.291 (C.40:55D-34) is amended to read as follows:
25. Issuance of permits for buildings or structures. For purpose of preserving the integrity of the official map of a municipality no permit shall be issued for any building or structure in the bed of any street or public drainage way, flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32) as shown on the official map, or shown on a plat filed pursuant to this act before adoption of the official map, except as herein provided. Whenever one or more parcels of land, upon which is located the bed of such a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32), cannot yield a reasonable return to the owner unless a building permit is granted, the board of adjustment, in any municipality which has established such a board, may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainage way or flood control basin or public area reserved pursuant to section 23 of P.L.1975, c.291 (C.40:55D-32), which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the official map and the board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. Sections 59 through 62 of P.L.1975, c.291 (C.40:55D-72 through C.40:55D-75) shall apply to applications or appeals pursuant to this section. In any municipality in which there is no board of adjustment, the planning board shall have the same powers and be subject to the same restrictions as provided in this section.
The board of adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the planning board or the intermunicipal review board of a subdivision, site plan or conditional use in conjunction with which the planning board or intermunicipal review board has power to direct the issuance of a permit pursuant to subsection b. of section 47 of P.L.1975, c.291 (C.40:55D-60).
(cf: P.L.1991, c.256, s.6)
15. Section 26 of P.L.1975, c.291 (C.40:55D-35) is amended to read as follows:
26. Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official map or shall be (1) an existing State, county or municipal street or highway, or (2) a street shown upon a plan approved by the planning board or intermunicipal review board, or (3) a street on a plat duly filed in the office of the county recording officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street and, (2) it shall have been established that the proposed access conforms with the standards of the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), in the case of a State highway, with the standards of any access management code adopted by the county under R.S.27:16-1 in the case of a county road or highway, and with the standards of any municipal access management code adopted under R.S.40:67-1 in the case of a municipal street or highway.
(cf: P.L.1989, c.32, s.23)
16. Section 27 of P.L.1975, c.291 (C.40:55D-36) is amended to read as follows:
27. Appeals. Where the enforcement of section 26 of P.L.1975, c.291 (C.40:55D-35) would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the board of adjustment may upon application or appeal, vary the application of section 26 of P.L.1975, c.291 (C.40:55D-35) and direct the issuance of a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map or on a general circulation plan element of the municipal master plan pursuant to paragraph (4) of subsection b. of section 19 of P.L.1975, c.291 (C.40:55D-28).
Sections 59 through 62 of P.L.1975, c.291 (C.40:55D-72 through C.40:55D-75) shall apply to applications or appeals pursuant to this section. In any municipality in which there is no board of adjustment, the planning board shall have the same powers and be subject to the same restrictions as provided in this section.
The board of adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the planning board or intermunicipal review board of a subdivision, site plan or conditional use in conjunction with which the planning board or intermunicipal review board has power to direct the issuance of a permit pursuant to subsection c. of section 47 of P.L.1975, c.291(C.40:55D-60).
(cf: P.L.1991, c.256, s.7)
17. Section 28 of P.L.1975, c.291 (C.40:55D-37) is amended to read as follows:
28. a. The governing body may by ordinance require approval of subdivision plats by resolution of the planning board as a condition for the filing of such plats with the county recording officer and approval of site plans by resolution of the planning board as a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one or two dwelling-unit buildings shall be exempt from such site plan review and approval; provided that the resolution of the board of adjustment shall substitute for that of the planning board whenever the board of adjustment has jurisdiction over a subdivision or site plan pursuant to subsection 63b. of this act.
b. Prior to the hearing on adoption of an ordinance providing for planning board approval of either subdivisions or site plans or both or any amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the planning board pursuant to subsection 17a. of this act.
c. [Each] Except in connection with an application involving a development of intermunicipal impact, which shall be reviewed by the intermunicipal review board as provided in section 36 of P.L. , c. (C. ) (pending before the Legislature as this bill), each application for subdivision approval, where required pursuant to section 5 of P.L.1968, c.285 (C.40:27-6.3), and each application for site plan approval, where required pursuant to section 8 of P.L.1968, c.285 (C.40:27-6.6) shall be submitted by the applicant to the county planning board for review or approval, as required by the aforesaid sections, and the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
(cf: P.L.1975, c.291, s.28)
18. Section 29 of P.L.1975, c.291 (C.40:55D-38) is amended to read as follows:
29. Contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following:
a. Provisions, not inconsistent with other provisions of this act, for submission and processing of applications for development, including standards for preliminary and final approval, standards governing the submission and processing of applications for developments of intermunicipal impact, and provisions for processing of final approval by stages or sections of development;
b. Provisions ensuring:
(1) Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;
(2) Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map;
(3) Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
(4) Suitable size, shape and location for any area reserved for public use pursuant to section 32 of this act;
(5) Reservation pursuant to section 31 of this act of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance, pursuant to subsection c. of section 52 of this act;
(6) Regulation of land designated as subject to flooding, pursuant to subsection e. of section 52 of this act, to avoid danger to life or property;
(7) Protection and conservation of soil from erosion by wind or water or from excavation or grading;
(8) Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), for any airport hazard areas delineated under that act;
(9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16);
(10) Conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways within the municipality;
(11) Conformity with any access management code adopted by the county under R.S.27:16-1, with respect to any county roads within the municipality;
(12) Conformity with any municipal access management code adopted under R.S.40:67-1, with respect to municipal streets;
(13) Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection;
(14) Conformity with the public safety regulations concerning storm water detention facilities adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm water management plans and storm water management ordinances adopted pursuant to P.L.1981, c.32 (C.40:55D-93 et al.); and
(15) Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L.1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development.
c. Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary, and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer;
d. Provisions ensuring that when a municipal zoning ordinance is in effect, a subdivision or site plan shall conform to the applicable provisions of the zoning ordinance, and where there is no zoning ordinance, appropriate standards shall be specified in an ordinance pursuant to this article; and
e. Provisions ensuring performance in substantial accordance with the final development plan; provided that the planning board may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.
(cf: P.L.1993, c.81, s.1)
19. Section 1 of P.L.1977, c.336 (C.40:55D-48.1) is amended to read as follows:
1. A corporation or partnership applying to a planning board [or a], board of adjustment, intermunicipal review board or to the governing body of a municipality for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
(cf: P.L.1977, c.336, s.1)
20. Section 3 of P.L.1977, c.336 (C.40:55D-48.3) is amended to read as follows:
3. No planning board, board of adjustment, intermunicipal review board or municipal governing body shall approve the application of any corporation or partnership which does not comply with this act.
(cf: P.L.1977, c.336, s.3)
21. Section 47 of P.L.1975, c.291 (C.40:55D-60) is amended to read as follows:
47. Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to subsection d. of section 57 of this act (C.40:55D-70), the planning board and the intermunicipal review board, when reviewing an application for a development of intermunicipal impact pursuant to section 36 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall have the power to grant to the same extent and subject to the same restrictions as the board of adjustment:
a. Variances pursuant to subsection 57 c. of this act;
b. Direction pursuant to section 25 of this act for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; and
c. Direction pursuant to section 27 of this act for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the planning board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
(cf: P.L.1984, c.20, s.10)
22. Section 48 of P.L.1975, c.291 (C.40:55D-61) is amended to read as follows:
48. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of this act, the planning board or intermunicipal review board, as the case may be, shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act. Failure of the planning board or intermunicipal review board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board or intermunicipal review board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.
(cf: P.L.1984, c.20, s.11)
23. Section 49 of P.L.1975, c.291 (C.40:55D-62) is amended to read as follows:
49. Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon, including a delineation of areas of intermunicipal impact within the municipality and thresholds to be used in the designation of developments of intermunicipal impact which are not situated in areas of intermunicipal impact. Such ordinance shall be adopted after the planning board has adopted the land use plan element and the housing plan element of a master plan, and all of the provisions of such zoning ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the master plan or designed to effectuate such plan elements; provided that the governing body may adopt a zoning ordinance or amendment or revision thereto which in whole or part is inconsistent with or not designed to effectuate the land use plan element and the housing plan element, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in its minutes when adopting such a zoning ordinance; and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to subsection b. of section 77 of P.L.1975, c.291 (C.40:55D-90).
The zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the zoning ordinance shall be uniform throughout each district for each class or kind of buildings or other structure or uses of land, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts.
b. No zoning ordinance and no amendment or revision to any zoning ordinance shall be submitted to or adopted by initiative or referendum.
c. The zoning ordinance shall provide for the regulation of any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), in conformity with standards promulgated by the Commissioner of Transportation.
d. The zoning ordinance shall provide for the regulation of land adjacent to State highways in conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county under R.S.27:16-1 and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted under R.S.40:67-1. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a State highway.
(cf: P.L.1991, c.445, s.9)
24. Section 63 of P.L.1975, c.291 (C.40:55D-76) is amended to read as follows:
63. a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to:
(1) Direct issuance of a permit pursuant to section 25 of this act for a building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant to section 23 of this act; or
(2) Direct issuance of a permit pursuant to section 27 of this act for a building or structure not related to a street.
b. [The] Except in connection with a development of intermunicipal impact, which shall be reviewed by the intermunicipal review board as provided in section 36 of P.L. , c. (C. ) (pending before the Legislature as this bill), the board of adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the planning board, subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a variance pursuant to subsection d. of section 57 of this act (C.40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the board of adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote pursuant to the aforesaid subsection d. of section 57 shall not be required.
c. Whenever an application for development requests relief pursuant to subsection b. of this section, the board of adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this act. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the board of adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal board of adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time.
An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.
(cf: P.L.1984, c.20, s.13)
25. Section 76 of P.L.1975, c.291 (C.40:55D-89) is amended to read as follows:
76. Periodic examination. The governing body shall, at least every six years, provide for a general reexamination of its master plan and development regulations by the planning board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board. A notice that the report and resolution have been prepared shall be sent to the municipal clerk of each adjoining municipality, who may, on behalf of the governing body of the municipality, request a copy of the report and resolution. A reexamination shall be completed at least once every 10 years from the previous reexamination.
The reexamination report shall state:
a. The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.
b. The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
c. The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.
d. The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.
e. The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.
f. Those areas of the municipality that have been determined to be areas of intermunicipal impact within the municipality, the inclusion of those areas in the land use element of the municipal master plan and the changes, if any, in the local development regulations necessary to effectuate the land use development objectives established for theseareas as part of the county master plan adopted pursuant to R.S.40:27-2.
(cf: P.L.2011, c.65, s.1)
26. R.S.40:27-2 is amended to read as follows:
40:27-2. a. The county planning board shall make and adopt a master plan for the [physical development of] management of growth within the county, as provided hereunder. The master plan of a county, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the county planning board's recommendations for the development of the territory covered by the plan, and may include, among other things, the general location, character, and extent of streets or roads, viaducts, bridges, waterway and waterfront developments, parkways, playgrounds, forests, reservations, parks, airports, and other public ways, grounds, places and spaces; the general location and extent of forests, agricultural areas, and open-development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, or the protection of urban development, and such other features as may be important to the development of the county.
[The county planning board shall encourage the co-operation of the local municipalities within the county in any matters whatsoever which may concern the integrity of the county master plan and to advise the board of chosen freeholders with respect to the formulation of development programs and budgets for capital expenditures.]
b. The master plan may include a determination of areas of intermunicipal impact within the county, and the mapping thereof. In making these determinations, the county planning board may utilize criteria which shall be set forth in the master plan and which may include, but shall not be limited to: proximity of the area to municipal or county boundaries; total number of residential units, square feet of non-residential floor area or land area to be developed; proximity of critical environmental areas and resources; drainage impacts; and existing and planned capacity of regional and local infrastructure systems.
c. A planning board which has made a determination that there exists within the county an area or areas of intermunicipal impact shall adopt thresholds to be used in the designation of developments of intermunicipal impact within those areas of intermunicipal impact. Different thresholds may be established for different types of development and different areas of intermunicipal impact within the county. The planning board shall use these threshold criteria to determine whether a development application is to be reviewed by an intermunicipal review board.
d. Any county planning board may adopt thresholds to be used in the designation of developments of intermunicipal impact which are not situated in areas of intermunicipal impact.
e. The planning board shall adopt criteria for identifying the primary and affected municipalities and counties.
(cf: R.S.40:27-2)
27. R.S.40:27-4 is amended to read as follows:
40:27-4. a. [Before adopting the master plan or any part thereof or any amendment thereof the board shall] Upon the completion of a draft master plan, the secretary of the county planning board shall distribute a copy of the plan to the municipal clerk of each municipality in the county, the secretary of each municipal planning board in the county, the secretary of the planning board of each adjacent county, and the Office of State Planning.
Each county planning board shall negotiate cross-acceptance of the draft master plan among the municipal planning boards within the county to ensure consistency among designations of areas of intermunicipal impact and definitions of affected counties and municipalities. At its discretion, the county may negotiate cross-acceptance pursuant to this subsection at the same time as it fulfills its responsibilities pursuant to section 7 of P.L.1985, c.398 (C.52:18A-202) and according to any procedures developed in accordance therewith.
The county shall encourage public participation in the cross-acceptance process through various means including, but not limited to, the holding of a series of meetings with constituent municipal planning officials to which the public is invited through newspaper advertising; the distribution of leaflets, posters, or other means adopted by the county; the televising of cross-acceptance meetings through local cable or broadcast media; the use of interactive communication in order to elicit public comments; the solicitation of written public comment and circulation of written testimony provided by the public to the appropriate elected and appointed officials involved in cross-acceptance; and the creation of advisory committees with appointed public membership to aid in cross-acceptance. The county may call upon the assistance of the Office of State Planning in conducting cross-acceptance.
Prior to the adoption, revision or amendment of the final draft of the county master plan, the county planning board shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the county and by the transmission by delivery or by certified mail, at least [20] 35 days prior to such hearing, of a notice of such hearing and a copy of the proposed master plan, or part thereof or any proposed amendment thereof to the municipal clerk and secretary of the planning board of each municipality in the county. The adoption of the plan or part or amendment thereof shall be by resolution of the board carried by the affirmative vote of not less than 2/3 of the members of the board. The resolution shall refer especially to the maps and descriptive and other matter intended by the board to form the whole or part of the plan or amendment and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the secretary of the board. An attested copy of the master plan or any amendments thereof shall be certified to the board of chosen freeholders, to the county park commission, if such exists, and to the legislative body of every municipality within the county.
b. [In order to maximize the degree of co-ordination between municipal and county plans and official maps, the county planning board shall be notified in regard to the adoption or amendment of any municipal master plan, official map or ordinance under the "Municipal Planned Unit Development Act (1967)."] A copy of any [such] proposed municipal master plan, official map or amendment of any municipal master plan shall be forwarded to the county planning board for review and report at least [20] 35 days prior to the date of public hearing thereon.
c. Within 30 days after the adoption of a zoning ordinance, subdivision ordinance, master plan, official map, capital improvement program, or amendments thereto, a copy of said document shall be transmitted to the county planning board for its information and files.
(cf: P.L.1968, c.285, s.2)
28. Section 1 of P.L.1968, c.285 (C.40:27-6.1) is amended to read as follows:
1. As used in this act and in chapter 27 of Title 40 of the Revised Statutes, unless the context otherwise requires:
"Affected county" means any county or counties which, in the determination of the county planning board, will be affected by a development of intermunicipal impact.
"Affected municipality" means a municipality or municipalities which will be affected by a development of intermunicipal impact.
"Area of intermunicipal impact" means any area or site identified in the county master plan that, by virtue of its location, planned density, intensity or land use may have impacts beyond the political boundaries of the municipality or county in which that area or site is situated.
"County master plan" and "master plan" means a composite of the master plan for the [physical development of] management of growth within the county, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to [Revised Statutes] R.S.40:27-2;
"County planning board" means a county planning board established by a county pursuant to R.S.40:27-1 to exercise the duties set forth in such chapter, and means, in any county having adopted the provisions of the "Optional County Charter Law" P.L.1972, c.154 (C.40:41A-1 et seq.), any department, division, board or agency established pursuant to the administrative code of such county to exercise such duties, but only to the degree and extent that the requirements specified in such chapter for county planning boards do not conflict with the organization and structure of such department, division, agency or board as set forth in the administrative code of such county;
"Cross acceptance" means a process of comparison of land use and growth management planning policies by counties and their constituent municipalities with the purpose of attaining compatibility between county and municipal master plans and a designation of areas of intermunicipal impact within those plans in accordance with the procedures provided for in R.S.40:27-4.
"Development of intermunicipal impact" means a development that, by virtue of its location, planned density, intensity or land use may have impacts beyond the political boundaries of the municipality or county in which that development is situated, according to criteria established in the county master plan.
"Intermunicipal review board" means that board which is convened by a primary municipality to consider an application involving a development of intermunicipal impact pursuant to section 36 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S.40:27-5;
"Primary county" means any county in which a primary municipality is located.
"Primary municipality" means any municipality in which is situated the majority of the land area of a development of intermunicipal impact.
"Site plan" means a development plan of [an existing lot or plot or a subdivided lot] one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures[, drainage facilities, roads, rights-of-way, easements, parking areas, together with any other information required by and at a scale specified by] signs, lighting, and screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to a site plan review and approval resolution adopted by the board of chosen freeholders pursuant to this act;
"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
"Subdivision applications" means the application for approval of a subdivision pursuant to the "Municipal Land Use Law" (P.L.1975, c.291, C.40:55D-1 et seq.) or an application for approval of a planned unit development pursuant to the "Municipal Land Use Law" (P.L.1975, c.291, C.40:55D-1 et seq.).
(cf: P.L.1979, c.216, s.27)
29. Section 4 of P.L.1968, c.285 (C.40:27-6.2) is amended to read as follows:
4. The board of freeholders of any county having a county planning board shall provide for the review of all subdivisions of land within the county by said county planning board and, in connection with those applications for approval which do not involve developments of intermunicipal impact, for the approval of those subdivisions affecting county road or drainage facilities as set forth and limited hereinafter in this section. Such review or approval shall be in accordance with procedures and engineering and planning standards adopted by resolution of the board of chosen freeholders. These standards shall be limited to:
a. The requirement of adequate drainage facilities and easements when, as determined by the county engineer in accordance with county-wide standards, the proposed subdivision will cause storm water to drain either directly or indirectly to a county road, or through any drainageway, structure, pipe, culvert, or facility for which the county is responsible for the construction, maintenance, or proper functioning;
b. The requirement of dedicating rights-of-way for any roads or drainageways shown on a duly adopted county master plan or official county map;
c. Where a proposed subdivision abuts a county road, or where additional rights-of-way and physical improvements are required by the county planning board, such improvements shall be subject to recommendations of the county engineer relating to the safety and convenience of the traveling public and may include additional pavement widths, marginal access streets, reverse frontage and other county highway and traffic design features necessitated by an increase in traffic volumes, potential safety hazards or impediments to traffic flows caused by the subdivision;
d. The requirement of performance guarantees and procedures for the release of same, maintenance bonds for not more than 2 years duration from date of acceptance of improvements and agreements specifying minimum standards of construction for required improvements. The amount of any performance guarantee or maintenance bond shall be set by the planning board upon the advice of the county engineer and shall not exceed the full cost of the facility and installation costs or the developer's proportionate share thereof, computed on the basis of his acreage related to the acreage of the total drainage basin involved plus 10% for contingencies. In lieu of providing any required drainage easement a cash contribution may be deposited with the county to cover the cost or the proportionate share thereof for securing said easement. In lieu of installing any such required facilities exterior to the proposed plat a cash contribution may be deposited with the county to cover the cost of proportionate share thereof for the future installation of such facilities. Any and all moneys received by the county to insure performance under the provisions of this act shall be paid to the county treasurer who shall provide a suitable depository therefor. Such funds shall be used only for county drainage projects or improvement for which they are deposited unless such projects are not initiated for a period of 10 years, at which time said funds shall be transferred to the general fund of the county, provided that no assessment of benefits for such facilities as a local improvement shall thereafter be levied against the owners of the lands upon which the developer's prior contribution had been based. Any moneys or guarantees received by the county under this paragraph shall not duplicate bonds or other guarantees required by municipalities for municipal purposes.
e. Provision may be made for waiving or adjusting requirements under the subdivision resolution to alleviate hardships which would result from strict compliance with the subdivision standards. Where provision is made for waiving or adjusting requirements criteria shall be included in the standards adopted by the board of chosen freeholders to guide actions of the county planning board.
Notice of the public hearing on a proposed resolution of the board of chosen freeholders establishing procedures and engineering standards to govern land subdivision within the county, and a copy of such resolution, shall be given by delivery or by certified mail to the municipal clerk and secretary of the planning board of each municipality in the county at least 10 days prior to such hearing.
(cf: P.L.1968, c.285, s.4)
30. Section 5 of P.L.1968, c.285 (C.40:27-6.3) is amended to read as follows:
5. Each subdivision application shall be submitted to the county planning board for review and, where required, approval prior to approval by the local municipal approving authority, with the exception of applications for subdivision approval involving developments of intermunicipal impact, which shall be reviewed by the intermunicipal review board. County approval of any subdivision application affecting county road or drainage facilities shall be limited by and based upon the rules, regulations and standards established by and duly set forth in a resolution adopted by the board of chosen freeholders. The municipal [approval] approving authority shall either defer taking final action on a subdivision application until receipt of the county planning board report thereon or approve the subdivision application subject to its timely receipt of a favorable report thereon by the county planning board. The county planning board shall report to the municipal approving authority within 30 days from the date of receipt of the application. If the county planning board fails to report to the municipal approving authority within the 30-day period, said subdivision application shall be deemed to have been approved by the county planning board unless, by mutual agreement between the county planning board and municipal approving authority, with approval of the applicant, the 30-day period shall be extended for an additional 30-day period, and any such extension shall so extend the time within which a municipal approving authority shall be required by law to act thereon.
(cf: P.L.1971, c.371, s.1)
31. Section 6 of P.L.1968, c.285 (C.40:27-6.4) is amended to read as follows:
6. [The] Except in connection with an application for a development of intermunicipal impact, which shall be reviewed by the intermunicipal review board, the county planning board shall review each subdivision application and withhold approval if [said] the proposed subdivision does not meet the subdivision approval standards previously adopted by the board of chosen freeholders, in accordance with section 4 of [this act] P.L.1968, c.285 (C.40:27-6.2). In the event of the withholding of approval, or the disapproval of, a subdivision application, the reasons for such action shall be set forth in writing and a copy thereof shall be transmitted to the applicant.
(cf: P.L.1968, c.285, s.6)
32. Section 7 of P.L.1968, c.285 (C.40:27-6.5) is amended to read as follows:
7. The county recording officer shall not accept for filing any subdivision plat unless it bears the certification of either approval or of review and exemption of the authorized county planning board officer or staff member indicating compliance with the provisions of this act and standards adopted pursuant thereto, in addition to all other requirements for filing a subdivision plat including compliance with the provisions of "The Map Filing Law" (P.L.1960, c.141). In the event the county planning board shall have waived its right to review, approve or disapprove a subdivision by failing to report to the municipal [approval] approving authority within the 30-day period or the mutually agreed upon 30-day extension period, as outlined in section 5 above, the subdivision shall be deemed to have county planning board approval, and at the request of the applicant, the secretary of the county planning board shall attest on the plat to the failure of the county planning board to report within the required time period, which shall be sufficient authorization for further action by the municipal planning board and acceptance thereof for filing by the county recording officer.
(cf: P.L.1968, c.285, s.7)
33. Section 13 of P.L.1968, c.285 (C.40:27-6.11) is amended to read as follows:
13. The county planning board shall be notified of any application to the board of adjustment under [Revised Statute 40:55-39] section 57 of P.L.1975, c.291 (C.40:55D-70) in such cases where the land involved fronts upon an existing county road or proposed road shown on the official county map or on the county master plan, adjoins the other county land or is situated within 200 feet of a municipal boundary. Notice of hearings on such applications shall be furnished by the [appellant] applicant in accordance with [ P.L.1965, c.162 (C.40:55-53)] section 7.1 of P.L.1975, c.291 (C.40:55D-12).
(cf: P.L.1968, c.285, s.13)
34. Section 15 of P.L.1968, c.285 (C.40:27-6.13) is amended to read as follows:
15. Whenever a hearing is required before a zoning board of adjustment or the governing body of a municipality in respect to the granting of a variance or establishing or amending an official municipal map involving property adjoining a county road or within 200 feet of an adjoining municipality, and notice of said hearing is required to be given, the person giving such notice shall also, at least 10 days prior to the hearing, give notice thereof in writing by certified mail to the county planning board, except as provided hereunder. If the property which is the subject of the hearing is situated within an area of intermunicipal impact designated in the county master plan, notice shall be given at least 35 days prior to the hearing. The notice shall contain a brief description of the property involved, its location, a concise statement of the matters to be heard and the date, time and place of such hearing.
(cf: P.L.1968, c.285, s.15)
35. (New section) Upon the submission of an application for development approval which meets the threshold criteria set forth in the county master plan pursuant to R.S.40:27-2, including a variance pursuant to section 57 of P.L.1975, c.291 (C.40:55D-70), rendering the development a development of intermunicipal impact, the administrative officer of the municipality in which the proposed development is situated shall begin the completeness review required pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3) and notify the planning board secretary of the county within 10 days of the submission. Within 10 days of receiving the application from the administrative officer of the municipality, the entity charged with the review and approval of subdivisions and site plans pursuant to section 10 of P.L.1968, c.285 (C.40:27-6.8) shall make a determination regarding which municipality or municipalities are the affected municipalities and notify the applicant and the administrative officers of both the primary and affected municipalities and the entity charged with the review and approval of subdivisions and site plans in any affected county or counties. Nothing in this section shall be construed to increase the time limit within which a determination of completeness shall be made pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3).
36. (New section) a. Upon receipt of the determination of the county planning board pursuant to section 35 of P.L. , c. (C. ) (pending before the Legislature as this bill), the primary municipality shall convene an intermunicipal review board to consider the application.
b. The intermunicipal review board shall consist of two planning board members representing the primary municipality and one planning board member representing each affected municipality designated by the respective planning board chairmen from among the Class IV members appointed pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23), one planning board member representing the primary county and one planning board member representing each affected county designated by the respective planning board chairmen from among the public members appointed pursuant to R.S.40:27-1. In the event that the resulting board would not be comprised of a majority of members representing the primary municipality, the membership of the board shall be increased so that the majority of members of the board represent the primary municipality. In the event that the resulting board is comprised of an even number of members, an additional member shall be appointed representing the primary municipality.
c. The chairman of the intermunicipal review board shall be designated by the chairman of the planning board of the primary municipality and the vice-chairman shall be designated by the chairman of the planning board of the primary county when appointments to the intermunicipal review board are made. The secretary of the intermunicipal review board shall be appointed by the board from among the members representing the affected municipality or municipalities.
d. A quorum of the intermunicipal review board for the purpose of transacting business at any meeting shall exist only when a majority of the members present at the meeting are representatives of the primary municipality. No action of the board shall be effective or binding unless a majority of members representing the primary municipality who are present at the meeting shall vote in favor thereof.
37. (New section) In designating members to serve on the intermunicipal review board, the chairman of each planning board may designate an alternate member to serve in the absence or disqualification of the regular member from among the Class IV members of the planning board set forth in section 14 of P.L.1975, c.291 (C.40:55D-23).
38. (New section) a. Review by the intermunicipal review board shall be in lieu of review by the municipal planning board, board of adjustment or county planning board, as the case may be. Any decision of the intermunicipal review board regarding an application for development within the jurisdiction of the zoning board of adjustment prior to the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be subject to appeal otherwise allowable pursuant to section 8 of P.L.1975, c.291 (C.40:55D-17);
b. The disclosure requirements, effects of preliminary and final approval, and requirements of guarantees otherwise set forth in P.L.1975, c.291 (C.40:55D-1 et seq.) and chapter 27 of Title 40 of the Revised Statutes and any supplements adopted pursuant thereto, shall not be affected by any actions of the intermunicipal review board;
c. Any development regulations adopted by the primary municipality as defined pursuant to section 3.1 of P.L.1975, c.291 (C.40:55D-4) and any engineering and planning standards adopted by resolution of the board of chosen freeholders of the primary county pursuant to section 4 of P.L.1968, c.285 (C.40:27-6.2) shall govern review of an application for approval of a development of intermunicipal impact and the imposition of any conditions in connection therewith;
d. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed to affect the fee schedules to be charged applicants for development review, as provided in section 4 of P.L.1975, c.291 (C.40:55D-8), on the part of any municipality represented on the intermunicipal review board in connection with any application for approval of a development of intermunicipal impact;
e. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to affect the development regulations of any municipality represented on the intermunicipal review board in connection with any application for approval of a development of intermunicipal impact; and
f. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to affect any engineering or planning standards adopted by the board of chosen freeholders of any county represented on the intermunicipal review board and adopted pursuant to section 4, 5 or 8 of P.L.1968, c.285 (C.40:27-6.2), (C.40:27-6.3), or (C.40:27-6.6) or to withhold approval in accordance with section 6 of P.L.1968, c.285 (C.40:27-6.4) or any other provision of chapter 27 of Title 40 of the Revised Statutes in connection with any application for approval of a development of intermunicipal impact.
39. (New section) a. Any interested party may petition the county planning board for a determination as to whether a proposed development for which approval is being sought and which is situated in an area of intermunicipal impact as designated in the county master plan pursuant to R.S.40:27-2, is a development of intermunicipal impact, upon a finding by the entity charged with the review and approval of subdivisions and site plans pursuant to section 10 of P.L.1968, c.285 (C.40:27-6.8) that the proposed development does not conform to the threshold criteria set forth in the county master plan rendering that development a development of intermunicipal impact.
b. An appeal to the county planning board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made. In making its determination, the county planning board shall rely upon the criteria set forth in the county master plan pursuant to R.S.40:27-2.
c. The county planning board shall render a decision not later than 30 days after the date upon which the petition is submitted.
40. Section 6 of P.L.1985, c.398 (C.52:18A-201) is amended to read as follows:
6. a. There is established in the Department of the Treasury the Office of State Planning. The director of the office shall be appointed by and serve at the pleasure of the Governor. The director shall supervise and direct the activities of the office and shall serve as the secretary and principal executive officer of the State Planning Commission.
b. The Office of State Planning shall assist the commission in the performance of its duties and shall:
(1) Publish an annual report on the status of the State Development and Redevelopment Plan which shall describe the progress towards achieving the goals of the plan, the degree of consistency achieved among municipal, county, regional, and State plans, the capital needs of the State, and progress towards providing housing where such need is indicated;
(2) Provide planning service to other agencies or instrumentalities of State government, review the plans prepared by them, and coordinate planning to avoid or mitigate conflicts between plans;
(3) Provide advice and assistance to regional, county and local planning units;
(4) Review and comment on the plans of interstate agencies where the plans affect this State;
(5) Compile quantitative current estimates and Statewide forecasts for population, employment, housing and land needs for development and redevelopment; [and]
(6) Prepare and submit to the State Planning Commission, as an aid in the preparation of the State Development and Redevelopment Plan, alternate growth and development strategies which are likely to produce favorable economic, environmental and social results; and
(7) Provide technical assistance to counties in carrying out cross-acceptance of county master plans pursuant to R.S.40:27-4 to the extent possible.
c. The director shall ensure that the responsibilities and duties of the commission are fulfilled, and shall represent the commission and promote its activities before government agencies, public and private interest groups and the general public, and shall undertake or direct such other activities as the commission shall direct or as may be necessary to carry out the purposes of P.L.1985, c.398 (C.52:18A-196 et al.).
d. With the consent of the commission, the director shall assign to the commission from the staff of the office at least two full-time planners, a full-time liaison to local and county governments and regional entities, and such other staff, clerical, stenographic and expert assistance as the director shall deem necessary for the fulfillment of the commission's responsibilities and duties.
(cf: P.L.2004, c.120, s.66)
41. This act shall take effect 90 days next following enactment.
STATEMENT
This bill, entitled the "Intermunicipal Development Review Act," would establish a process to encourage intermunicipal cooperation in planning for developments with impacts beyond municipal borders and would establish a procedure for the review of such development applications.
Specifically, the bill permits county planning boards to include in the county master plan a determination and mapping of areas of intermunicipal impact within the county. The bill defines such areas as any area or site that, by virtue of its location, planned density, intensity or land use may have impacts beyond the political boundaries of the municipality or county in which that area or site is situated.
Additionally, the bill requires any county which determines that areas of intermunicipal impact exist within the county, to establish threshold criteria to be used in the designation of developments of intermunicipal impact. Besides including criteria for determining what constitutes a development of intermunicipal impact, the county master plan is also to include criteria for identifying primary and affected municipalities and counties.
The bill requires that the county master plan and determination of areas of intermunicipal impact be adopted pursuant to a process of cross-acceptance. The bill prescribes a notification procedure in connection with this cross-acceptance process. At its discretion, the county planning board may combine the cross-acceptance process required in R.S.40:27-4 with its cross-acceptance responsibilities under section 7 of the "State Planning Act," P.L.1985, c.398 (C.52:18A-202).
The bill sets forth a procedure for the review of applications for development which have been determined to be developments of intermunicipal impact. Any application determined to be a development of intermunicipal impact shall be reviewed by an intermunicipal review board, which shall consist of two members representing the primary municipality, one member representing the primary county, and one representing each affected municipality and county, to be appointed by the respective planning board chairmen of those counties and municipalities. In the case of the municipal representatives, appointments shall be made from among the Class IV members appointed pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23). The chairman of the intermunicipal review board shall be designated by the planning board chairman of the primary municipality and the vice-chairman shall be appointed by the chairman of the county planning board of the primary county. The secretary of the board shall be appointed by the board from among the members representing the affected municipality or municipalities. There may be appointed by the planning board chairmen an alternate to serve in the absence or disqualification of the regular member.
The bill provides that a quorum of the intermunicipal review board for the purpose of transacting business at any meeting shall exist only when a majority of the members present at the meeting are representatives of the primary municipality. No action of the board shall be effective or binding unless a majority of members representing the primary municipality who are present at the meeting shall vote in favor thereof.
The bill sets forth the parameters within which the intermunicipal review board operates. The intermunicipal review board is authorized to grant simultaneously both municipal and county approvals and review by this board shall be in lieu of review by the municipal planning board, board of adjustment or county planning board, as the case may be. The designation of completeness of any application submitted and determined to be within the jurisdiction of the intermunicipal review board shall be made by the primary municipality in accordance with existing statutory requirements. Intermunicipal review boards shall be governed by all requirements for the review of development applications which would otherwise be applicable to the primary municipality, including prescribed time limits for review, the designation of completeness, payment of development fees, disclosure requirements, effects of preliminary and final approval, requirement of guarantees, implementation of development regulations, and any other requirements of development review otherwise authorized or required of the primary municipality pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.). Any engineering or planning standards adopted by the county shall be applicable to developments of intermunicipal impact and shall not be impaired by the review of any application by the intermunicipal review board.
Any interested party may petition the county planning board for a determination that a proposed development for which approval is being sought and which is situated in an area of intermunicipal impact is a development of intermunicipal impact. Such a request shall stay all proceedings, but the county planning board shall render its decision not later than 30 days after the submission of the petition. In making its determination, the county planning board shall rely upon the thresholds set forth in the county master plan.
Nothing in the bill shall be construed to affect the approval of any application for development submitted within a municipality situated in the Hackensack Meadowlands District and defined as a constituent municipality pursuant to paragraph (h) of section 3 of P.L.1968, c.404 (C.13:17-3) or within the pinelands area as defined pursuant to section 10 of P.L.1979, c.111 (C.13:18A-11).
