Bill Text: NJ A5087 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides expedited processes related to approval of development projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-13 - Introduced, Referred to Assembly State and Local Government Committee [A5087 Detail]
Download: New_Jersey-2016-A5087-Introduced.html
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
SYNOPSIS
Provides expedited processes related to approval of development projects.
CURRENT VERSION OF TEXT
As introduced.
An Act providing expedited processes related to the approval of development projects and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1966, c.301 (C.27:1A-5) is amended to read as follows:
5. The commissioner, as head of the department, shall have all of the functions, powers and duties heretofore vested in the State Highway Commissioner and shall, in addition to the functions, powers and duties vested in him by this act or by any other law:
(a) Develop and maintain a comprehensive master plan for all modes of transportation development, with special emphasis on public transportation. Such plan shall be revised and updated at least every five years;
(b) Develop and promote programs to foster efficient and economical transportation services in the State;
(c) Prepare plans for the preservation, improvement and expansion of the public transportation system, with special emphasis on the coordination of transit modes and the use of rail rights of way, highways and public streets for public transportation purposes;
(d) Enter into contracts with the New Jersey Transit Corporation for the provision and improvement of public transportation services;
(e) Coordinate the transportation activities of the department with those of other public agencies and authorities;
(f) Cooperate with interstate commissions and authorities, State departments, councils, commissions and other State agencies, with appropriate federal agencies, and with interested private individuals and organizations in the coordination of plans and policies for the development of air commerce and air facilities;
(g) Make an annual report to the Governor and the Legislature on the department's operations, and render such other reports as the Governor shall from time to time request or as may be required by law;
(h) Promulgate regulations providing for the charging of and setting the amount of fees for certain services performed by and permits issued by the department, including but not limited to the following:
(1) Providing copies of documents prepared by or in the custody of the department;
(2) Aeronautics permits;
(3) Right-of-way permits;
(4) Traffic signal control systems;
(i) Develop and promote programs for the preservation, improvement and expansion of freight railroads, with special emphasis on the use of rail rights of way for the purpose of providing rail freight service;
(j) Develop and promote a program to ensure the safety and continued operation of aviation facilities in New Jersey;
(k) Enter into agreements with a public or private entity or consortia thereof to provide for the development of demonstration projects through the use of public-private partnerships pursuant to sections 1 through 9 of P.L.1997, c.136 (C.27:1D-1 through C.27:1D-9);
(l) Do any and all things necessary, convenient or desirable to effectuate the purposes of P.L.1966, c.301 (C.27:1A-1 et seq.) and to exercise the powers given and granted in that act; [and]
(m) Enter into agreements or contracts with a private entity and charge and collect fees or other payments for the placement of sponsorship acknowledgment and advertising on signs, equipment, materials, and vehicles used for a safety service patrol or emergency service patrol program operated by the department, or operated by a private entity under contract with the department or through the use of a public-private partnership or demonstration project; and
(n) Provide an expedited permitting process for permits issued by the department pursuant to the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2011, c.133, s.1)
2. (New section) a. Upon request of an applicant for an expedited review of a permit application, the department shall provide an expedited review of the application. The expedited review shall be performed by department staff working outside of regular work hours. The expedited review of the application shall be completed not later than the close of business on the tenth business day next following the filing of a permit application, and the department shall issue the requested permit, not later than the close of business on the third business day following the completion of the review.
As part of the expedited review of a permit by the department pursuant to this section, in addition to any fee required to be paid by the applicant for the permit, an expedited review fee shall be paid to the department. The fee shall be set by the department, and shall not exceed the cost to the department of performing the expedited review, including overtime payments to employees.
b. Upon the request of the applicant, or his agent, architect, engineer, or builder, the department shall conduct an expedited inspection of construction undertaken pursuant to a permit issued by the department. An expedited inspection pursuant to this section shall be performed by department staff working outside of regular work hours, and shall occur not later than 36 hours after the department receives a request for an inspection by an owner or his agent, architect, engineer, or builder. Once an owner has requested an expedited inspection pursuant to this section, the owner cannot request any additional inspection that may be required on a non-expedited basis.
An owner seeking an expedited inspection under this section shall pay to the department an expedited inspection fee, in addition to any other inspection fee required to be paid. The fee shall be set by the department, and shall not exceed the cost to the department of performing the expedited inspection, including overtime payments to employees.
c. The provisions of this section shall not apply to any permit or inspection if it is not possible to complete the expedited process in compliance with federal law or regulations concerning any department permits or inspections, or if the expedited process would in any way place federal funding received by the department at risk.
3. Section 13 of P.L.1975, c.217 (C.52:27D-131) is amended to read as follows:
13. a. The enforcing agency shall examine each application for a construction permit. If the application conforms with [this act] the provisions of P.L.1975, c.217 (C.52:27D-119 et seq.), the code, and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. [Every] Unless the application is subject to an expedited process for the issuance of construction permits established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days, unless the application is limited to the construction of a ramp designed to provide wheelchair access to a one or two-unit dwelling, and required for such access by a resident of the dwelling, in which case the permit shall be granted or denied within five business days. If an application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the construction board of appeals unless such period of time has been extended with the consent of the applicant. The enforcing agency may approve changes in plans and specifications previously approved by it, if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit; and the enforcing agency shall insure such compliance in the manner set forth in section 14 of [this act] P.L.1975, c.217 (C.52:27D-132).
The commissioner, after consultation with the code advisory board, may, for certain classes or types of occupancy posing special or unusual hazards to public safety, establish regulations designating the department as the enforcing agency for purposes of approving plans and specifications. A municipal enforcing agency shall not grant an occupancy permit for any such class or type of construction unless the applicant submits appropriate plans and specifications certified or approved by the department. Upon submission by an applicant of such certified approved plans and specifications, the enforcing agency shall recognize the approval when deciding whether to approve the application for a construction permit.
b. A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within one year from the time of issuance, shall expire.
c. The enforcing agency may revoke or cancel a construction permit in the event the project for which the permit is obtained is not completed by the third anniversary of the date of issuance of the construction permit. Notwithstanding the provisions of any other law, rule or regulation to the contrary, the enforcing agency may revoke or cancel a construction permit in effect on the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.), if the project for which the construction permit was obtained is not completed by the third anniversary of the effective date of P.L.2001, c.457 (C.52:27D-131.1 et al.).
d. If the project for which the permit is obtained is not completed by a deadline set forth in this section, the permittee may submit a request for an extension of the permit to the enforcing agency for review. The enforcing agency may extend the permit for a period of one year. Approval of the extension shall not be unreasonably withheld. Denial of a request for an extension may be appealed to the county construction board of appeals established pursuant to section 9 of P.L.1975, c.217 (C.52:27D-127). If a project is not completed within the deadline set forth in this section, the enforcing agency shall take all appropriate action up to and including demolition of the uncompleted structure.
The provisions of this subsection shall not apply to a permit obtained: (1) to construct improvements to the interior of a residential property in which the permittee is currently residing that are not visible from the outside of the residential property, (2) for any building of which the exterior and all required site improvements have been fully constructed, or (3) for a project while that project is under the control of a mortgagee in possession.
The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit.
(cf: P.L.2015, c.159, s.1)
4. (New section) a. Upon the request of an applicant for an expedited review of an application for a construction permit, the enforcing agency shall provide an expedited review of the application pursuant to the provisions of this section. The expedited review shall be performed by enforcing agency staff working outside of regular work hours. The enforcing agency shall perform and complete the expedited review not later than the close of business on the tenth business day next following the filing of a permit application, and the requested permit shall be issued not later than the close of business on the third business day next following the completion of the review.
b. As part of the expedited review of a permit by the enforcing agency pursuant to this section, in addition to any fee required to be paid by the applicant for the permit, an expedited review fee shall be paid to the enforcing agency. The expedited review fee shall be set by the municipality, and shall not exceed the cost to the enforcing agency of performing the expedited review, including overtime payments to employees.
c. The provisions of this section shall not apply if it is not possible to complete the expedited process in compliance with federal law or regulations, or if the expedited process would in any way place federal funding received by the municipality at risk.
5. (New section) a. An owner, or the owner's agent, architect, engineer, or builder, may request the enforcing agency to perform expedited inspections. If so requested, the enforcing agency shall perform expedited inspections. An expedited inspection shall be performed outside of regular work hours, not later than 36 hours after the enforcing agency receives a request for an expedited inspection from the owner or his agent, architect, engineer, or builder. Once an owner has requested the enforcing agency to perform an expedited inspection, all inspections related to the permit or shall be performed on an expedited basis.
b. An owner requesting expedited inspections shall pay the enforcing agency an expedited inspection fee. The fee shall be in addition to any inspection fee required to be paid to the enforcing agency. The expedited inspection fee shall be set by the municipality, and shall not exceed the cost to the enforcing agency of performing the expedited inspection, including overtime payments to inspectors.
c. The provisions of this section shall not apply if it is not possible to complete the expedited process in compliance with federal law or regulations concerning inspections, or if the expedited process would in any way place federal funding received by the municipality at risk.
6. (New section) a. Upon the request of an applicant for an expedited review of an application before a county planning board, the planning board shall provide an expedited review and decision of the application pursuant to the provisions of this section.
b. The county planning board shall perform and complete an expedited review of the application outside of regular work hours, and no later than the close of business on the tenth business day next following the date of receipt of a request for an expedited review pursuant to this section. The board's decision shall be issued in writing to the applicant not later than the close of business on the third business day next following the completion of the review.
c. As part of the applicant's application for an expedited review and decision pursuant to this section, in addition to any fee required for the permit, an expedited review fee shall be paid to the county planning board. The county planning board shall set the fee, which shall not exceed the cost to of performing the expedited review, including overtime payments to employees.
d. The provisions of this section shall not apply if it is not possible to complete the expedited process in compliance with federal law or regulations, or if the expedited process would in any way place federal funding received by the county at risk.
7. This act shall take effect immediately.
STATEMENT
This bill would establish expedited processes related to approval of development projects on the State and local level.
Under the bill, applicants and permittees may request an expedited process, which must be honored, for: applications for construction permits and expedited inspections of work related to those permits by construction code officials; expedited review and approval on reviews required to be performed by county planning boards for subdivisions and site plans; applications for permits issued by the Department of Transportation; and applications for permits and inspections from the Department of Community Affairs when the department provides code enforcement for a municipality, or municipalities, pursuant to section 10 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-128.
The bill sets specific time frames within which the expedited processes must occur, and authorizes additional fees to be paid for those expedited processes.
The bill prohibits an expedited process if it is not possible for the governmental entity to complete the expedited process in compliance with federal law, or if the expedited process would in any way place federal funding at risk.
