STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
SYNOPSIS
Suspends running of timeframes for county planning board action during state of emergency.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning timeframes for county planning board action during state of emergency and supplementing P.L.1968, c.285 (C.40:27-6.1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of P.L.1968, c.285 (C.40:27-6.1 et seq.) to the contrary, periods of time set forth for county planning board review and approval of subdivisions and site plans, and periods of time for rendering a decision on the appeal of an action taken by a county planning board, or by a planning director and a committee of the board, shall be suspended and not run while a state of emergency is in effect, and until 60 days after the conclusion of the state of emergency. During such time, no application submitted to a county planning board shall be deemed approved due to the inaction of the county planning board.
b. As used in this section:
"State of emergency" means a state of emergency declared by the President of the United States, a state of emergency declared by the Governor of this State pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.), or a public health emergency declared by the Governor of this State pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill would suspend, because of a state of emergency, provisions of law that require county planning boards to act within specific timeframes, in order to prevent automatic approvals from occurring. The suspension would be triggered by the declaration of a state of emergency, and would continue for a 60 day period following a state of emergency. The bill provides that statutory timeframes for county planning board action will not run while a state of emergency declared by the President of the United States or a state of emergency declared by the Governor of this State is in effect, and for 60 days thereafter . Under the bill, a state of emergency declared by the Governor would include a public health emergency declared under the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), and a state of emergency declared pursuant to P.L.1942, c.251 (C.App.A.9-33 et seq.).