Bill Text: NJ S1755 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes adoption of timed-growth ordinances by municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-15 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1755 Detail]
Download: New_Jersey-2010-S1755-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Authorizes adoption of timed-growth ordinances by municipalities.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing the adoption of timed-growth ordinances, amending and supplementing P.L.1975, c.291, and supplementing P.L.1985, c.398.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1, 2, 6, and 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Municipal Timed-Growth Ordinance Authorization Act."
2. (New section) The Legislature finds and declares that:
a. Over the past number of years, the State of New Jersey has experienced unprecedented economic growth which has resulted in substantial building and development activity throughout the State;
b. While the building boom of the 1980's was a positive phenomenon to the extent that it was associated with the growth of jobs and a higher standard of living, the rapid rate of development in those years also created major public policy challenges, in particular, upgrading the existing infrastructure to support that growth and allow for future development;
c. Of the considerable impacts associated with new development, the burden it places on an older, and often inadequate infrastructure is one which the Legislature views with particular concern in light of the potential dangers associated with deteriorating water supply facilities and sewer systems and the pressure which that development places on educational facilities and a long-neglected road network which already handles dangerously high levels of traffic; and
d. It is therefore a valid public policy of the State and in the public interest that municipalities be enabled to coordinate new development with their ability to make those improvements in the local infrastructure which are necessary to accommodate the new development.
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.
"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.).
"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] any facility for the provision of public services, including educational facilities, with a life expectancy of three or more years, owned and operated by or on behalf of the State or a political subdivision thereof.
"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.
(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 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.
"Facility expansion" means the expansion of the capacity of an existing capital improvement in order that the improvement may serve new development.
"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.
"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.146, s.1)
5. Section 3.4 of P.L.1975, c.291 (C.40:55D-7) is amended to read as follows:
3.4 "Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
"Sending 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 restricted and which is otherwise consistent with the provisions of section 8 of P.L.2004, c.2 (C.40:55D-144).
"Service area" means that area to be served by the capital improvement or facility expansion as designated in the capital improvement program adopted by a municipality under section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions.
"Site plan" means a development plan of 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 and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board adopted pursuant to article 6 of [this act] P.L.1975, c.291 (C.40:55D-39 through 40:55D-58).
"Standards of performance" means standards (1) adopted by ordinance pursuant to subsection [52d.] d. of section 52 of P.L.1975, c.291 (C.40:55D-65) regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable federal or State laws or municipal ordinances.
"State Transfer of Development Rights Bank," or "State TDR Bank," means the bank established pursuant to section 3 of P.L.1993, c.339 (C.4:1C-51).
"Street" means any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this act, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
"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."
"Timed-growth district" means an area within a municipality in which the ability to develop may be delayed in accordance with a timed-growth ordinance adopted pursuant to P.L. ,c. (C. )(now before the Legislature as this bill).
"Transcript" means a typed or printed verbatim record of the proceedings or reproduction thereof.
"Variance" means permission to depart from the literal requirements of a zoning ordinance pursuant to sections 47 [and subsections 29.2b., 57c. and 57d. of this act] subsection b. of section 29.2, and subsections c. and d. of section 57 of P.L.1975, c.291 (C.40:55D-60, 40:55D-40 and 40:55D-70).
"Wind, solar or photovoltaic energy facility or structure" means a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
"Zoning permit" means a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency pursuant to sections 47 and 57 [of this act] P.L.1975, c.291 (C.40:55D-60 and 40:55D-70).
(cf:P.L.2009, c.146, s.2)
6. (New section) a. Any municipality which has adopted a master plan pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28) and a capital improvement plan pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) may adopt an ordinance under which approval of applications for development in certain areas of the municipality may be delayed in accordance with the requirements of P.L. , c. (C. )(now before the Legislature as this bill).
b. Any timed-growth ordinance adopted pursuant to this section shall include detailed guidelines regarding: (1) the number of timed-growth districts and their geographic location and legal boundaries; (2) the quantity of development which will be timed or paced in each district, and the schedule for that timing; (3) a delineation of service areas for each capital improvement whose upgrading or expansion is necessary to support the development in each district; (4) the ability for a developer to accelerate development rights for a project within a district by the payment of the costs associated with the proposed development based on its estimated effect on each service unit; and (5) a schedule which clearly sets forth the amount to be charged for each service unit in the event development rights are accelerated.
c. No ordinance shall be adopted which imposes timed-growth in a district in which is proposed, in writing and at the time of the ordinance adoption, any residential development which includes housing affordable to low or moderate income households, as defined under P.L.1985, c.222 (C.52:27D-301 et al.) and which would be eligible for credit pursuant to that act or for implementing any court ordered judgment for repose, or in any district which is contiguous to any such residential development, regardless of whether such residential development is located outside of the municipality.
d. No timed-growth ordinance may impose any development restrictions on an individual wishing to build a one or two dwelling- unit building.
e. No timed-growth ordinance shall be applied retroactively to deny approval to any application for development which had received preliminary approval prior to the adoption of such an ordinance; and
f. The delay or prohibition of development within a timed-growth ordinance shall be limited in duration to the time remaining before a revision of the master plan is required under P.L.1975, c.291 (40:55D-1 et seq.).
g. A timed-growth district created by ordinance shall conform as nearly as practicable with the State Development and Redevelopment Plan adopted pursuant to section 4 of P.L.1985, c.398 (C.52:18A-199).
h. Any payment received by a municipality for acceleration of development rights shall be transmitted by the municipality to the appropriate entity or entities in proportion to the service unit costs calculated pursuant to this section. Monies received by a school district pursuant to this section shall be deposited into the appropriate capital reserve or debt service accounts.
7. Section 20 of P.L.1975, c.291 (C.40:55D-29) is amended to read as follows:
a. The governing body of any municipality which does not authorize the preparation of a program of municipal capital improvements for the purposes of adopting a timed-growth ordinance pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) may authorize the planning board from time to time to prepare a program of municipal capital improvement projects projected over a term of at least [six] 10 years, and amendments thereto. Such program may encompass major projects being currently undertaken or future projects to be undertaken, with Federal, State, county and other public funds or under Federal, State or county supervision. The first year of such program shall, upon adoption by the governing body, constitute the capital budget of the municipality as required by N.J.S.40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for realization, and shall recommend a time sequence for their implementation. The program may also contain the estimated cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the municipality and shall take into account public facility needs indicated by the prospective development shown in the master plan of the municipality or as permitted by other municipal land use controls.
In preparing the program, the planning board shall confer, in a manner deemed appropriate by the board, with the mayor, the chief fiscal officer, other municipal officials and agencies, and the school board or boards.
Any such program shall include an estimate of the displacement of persons and establishments caused by each recommended project.
b. In addition to any of the requirements in subsection a. of this section, whenever the planning board is authorized and directed to prepare a capital improvements program, every municipal department, authority or agency shall, upon request of the planning board, transmit to said board a statement of all capital projects proposed to be undertaken by such municipal department, authority or agency, during the term of the program, for study, advice and recommendation by the planning board.
c. In addition to all of the other requirements of this section, any municipality that intends to provide for the transfer of development within its jurisdiction pursuant to section 3 of P.L.2004, c.2 (C.40:55D-139) shall include within its capital improvement program provision for those capital projects to be undertaken in the receiving zone or zones required as a condition for adopting a development transfer ordinance pursuant to subsection b. of section 4 of P.L.2004, c.2 (C.40:55D-140).
(cf: P.L.2004, c.2, s.38)
8. (New section) Prior to the adoption by the municipal governing body of a timed-growth ordinance authorized pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), the planning board shall have prepared, and the governing body shall have adopted a program of municipal capital improvement projects projected over a term of ten years and amendments thereto. The governing body shall adopt the capital improvement program in accordance with the provisions of section 21 of P.L.1975, c.291 (C.40:55D-30). The capital improvement program shall be consistent with the municipal master plan and with the State Development and Redevelopment Plan adopted pursuant to section 4 of P.L.1985, c.398 (C.52:18A-199). Upon adoption, the program shall be updated annually and revised to take account of changes in anticipated usage based on variances granted in the previous year.
The program shall include:
a. a description of existing capital improvements, including but not limited to, transportation, water treatment and distribution, wastewater treatment and sewerage, flood control and storm water management, and educational facilities, a map or maps depicting the service area of each improvement and the costs to improve or replace those improvements in order to meet existing or prospective demand or stricter safety, environmental or regulatory standards;
b. an analysis of total capacity, level of current usage and anticipated usage of existing capital improvements based on final approvals already granted pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) or patterns of current usage;
c. a description of future need for capital improvements and facility expansions based on the master plan adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28) or based upon anticipated levels of usage from school district data and projections;
d. a projection of the total number of service units which will result from new development anticipated in the master plan; and
e. a schedule establishing a specific level of quantity of use, consumption, generation or discharge of a service unit for each category of capital improvement or expansion.
The program shall classify projects in regard to the urgency and need for realization, and shall recommend a time sequence for their implementation. The program shall also contain the estimated cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project.
The program shall encompass major projects being currently undertaken or future projects to be undertaken, with federal, State, county and other public funds or under federal, State or county supervision. The first year of the program shall, upon adoption by the governing body, constitute the capital budget of the municipality as required by N.J.S.40A:4-43 et seq.
The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the municipality and shall take into account public facility needs indicated by the prospective development shown in the master plan of the municipality or as permitted by other municipal land use controls.
In preparing the program, the planning board shall confer, in a manner deemed appropriate by the board, with the mayor, the chief financial officer, other municipal officials and agencies, and the school board or boards.
The program shall include an estimate of the displacement of persons and establishments caused by each recommended project.
In addition to any of the above requirements, whenever the planning board is authorized and directed to prepare a capital improvement program, every municipal department, authority or agency shall, upon request of the planning board, transmit to the board a statement of all capital projects proposed to be undertaken by that municipal department, authority or agency, during the term of the program, for study, advice and recommendation by the planning board.
9. 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) or capital improvement program adopted pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
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 subpena 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] P.L.1975, c.291 (C.40:55D-17), of decisions by the zoning board of adjustment pursuant to subsection [57d.]d. of section 57 of [this act] P.L.1975, c.291 (C.40:55D-70), up to a maximum amount as specified by the ordinance.
The municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.[2A:11-15] 2B:7-4. Said transcript 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. An action pursuant to section 5 of [the act] P.L.1975, c.291 (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. 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)
10. 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 [six] 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.
(cf: P.L.2001, c.342, s.9)
11. Section 77 of P.L.1975, c.291 (C.40:55D-90) is amended to read as follows:
77. Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.
b. No moratoria on applications for development or interim zoning ordinances shall be permitted except :
(1) in cases [where] in which the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and [in no case shall] the moratorium or interim ordinance does not exceed a six-month term;
(2) in cases in which a moratorium is imposed pursuant to a timed-growth ordinance adopted in accordance with the provisions of P.L. , c. (C. )(now before the Legislature as this bill).
(cf: P.L.1985, c.516, s.20)
12. Section 11 of P.L.1989, c.86 (C.40:55D-123) is amended to read as follows:
11. a. The development transfer ordinance shall be reviewed by the planning board and governing body of the municipality at the end of three years subsequent to enactment. This review shall include an analysis of development potential transactions in both the private and public market, an update of current conditions in comparison to the original report prepared pursuant to section 5 of this act, and an assessment of the performance goals of the development transfer program including an evaluation of the units constructed with and without the utilization of the development transfer ordinance. A report of findings from this review shall be submitted to the county planning board and, where the sending zone includes agricultural land, the CADB for review and recommendations. Based on this review the municipality shall act to maintain and enhance the value of development transfer potential not yet utilized and, if necessary, amend the infrastructure plan and comprehensive development plan and design standards prepared pursuant to section 5 of this act.
b. The development transfer ordinance shall be reviewed by the planning board and governing body of the municipality at the end of six years subsequent to enactment. This review shall provide for the examination of the development transfer ordinance to determine whether the program for development transfer and the permitted uses in the sending zone continue to remain economically viable, and shall require an update of the report and plans prepared pursuant to section 5 of this act. If at least 30% of the development potential available on the market at market value has not been transferred at the end of this six-year period, the municipal governing body shall repeal the development transfer ordinance within 90 days of the end of the six-year period unless one of the following is met:
(1) the municipality immediately takes action to acquire or provide for the private purchase of the difference between the development potential already transferred and 50% of the total development transfer potential created in the sending zone under the development transfer ordinance;
(2) a majority of the property owners in a sending zone who own land from which the development potential has not yet been transferred agree that the development transfer ordinance should remain in effect; or
(3) the municipality can demonstrate either future success or can demonstrate that low levels of development transfer activity is due not to ordinance failure but to low levels of development demand in general. This demonstration shall require the concurrence of the county planning board and the Office of State Planning, and shall be the subject of a municipal public hearing conducted prior to a final determination regarding the future viability of the development transfer program.
c. Thereafter the development transfer ordinance shall provide for review thereof by the planning board and the governing body of the municipality at least once every [six] 10 years in conjunction with the review and update of the master plan of the municipality pursuant to the provisions of section 76 of P.L.1975, c.291 (C.40:55D-89). This review shall provide for the examination of the ordinance to determine whether the program and uses permitted in the sending zone continue to be economically viable and shall require an update of the report and plans prepared pursuant to section 5 of this act.
d. If 60% of the
development potential has not been transferred at the end of a 12-year period,
the municipal governing body shall repeal the development transfer ordinance
within 90 days at the end of the 12-year period unless the municipality meets
the standards
established pursuant to subsection b. of this section.
(cf: P.L.1989, c.86, s.11)
13. (New section) The Office of State Planning established pursuant to section 6 of P.L.1985, c.398 (C.52:18A-201), in conjunction with the Division of Local Government Services in the Department of Community Affairs, shall provide technical assistance to municipalities to aid them in adopting timed-growth ordinances authorized pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). This technical assistance shall consist of: the preparation and dissemination of model ordinances; the provision of advice and assistance regarding the drafting of timed-growth ordinances; the development of formulas and methods for the calculation of the costs of and the definition of service units; advice relating to the preparation of plan elements and capital improvement programs; and any other assistance that is consistent with the purposes of this act.
14. This act shall take effect immediately.
STATEMENT
This bill would authorize municipalities to adopt timed-growth ordinances as a land use planning tool enabling them to pace development in their locale in conjunction with whatever capital improvements are needed to infrastructure to support the development. New development places an undeniable burden on older, and often inadequate infrastructure, such as deteriorating water supply facilities and sewer systems, and inadequate road networks, and also creates a need for new capital expenditures such as schools.
A timed-growth ordinance adopted by West Windsor Township in Mercer County was invalidated by the court as being in conflict with the "Municipal Land Use Law," (MLUL), P.L.1975, c. 291 (C.40:55D-1 et seq.). This bill would authorize a timed-growth ordinance under the MLUL provided that it meets the following criteria:
· A municipality must have adopted a master plan and a capital improvement plan. The capital improvement plan required under the bill includes a requirement to look at a broad range of infrastructure such as sewers, water facilities, roads and schools, and the plan must comport with the State Development and Redevelopment Plan adopted pursuant to section 4 of P.L.1985, c.398 (C.52:18A-199).
· A timed-growth ordinance adopted pursuant to the bill must include: (1) the number of timed-growth districts and their geographic location and legal boundaries; (2) the quantity of development which will be timed or paced in each district, and the schedule for that timing; (3) a delineation of service areas for each capital improvement whose upgrading or expansion is necessary to support the development in each district; (4) the ability for a developer to accelerate development rights for a project within a district by the payment of the costs associated with the proposed development based on its estimated effect on each service unit; and (5) a schedule which clearly sets forth the amount to be charged for each service unit in the event development rights are accelerated.
· A timed-growth ordinance may not impinge on any pending plan for development of affordable housing pursuant to the Mount Laurel decisions or the "Fair Housing Act.".
· A timed-growth ordinance may not be applied to an individual wishing to develop a single or two-family residence on his own property and
· A timed-growth district created by ordinance shall conform as nearly as practicable with the State Development and Redevelopment Plan adopted pursuant to section 4 of P.L.1985, c.398 (C.52:18A-199).
· A timed-growth ordinance may not be applied retroactively to deny approval to any application for development which had received preliminary approval prior to the adoption of such an ordinance.
The delay or prohibition of development within a timed-growth ordinance must be limited in duration to the time remaining before a revision of the master plan is required under P.L.1975, c.291 (40:55D-1 et seq.). The bill also extends the revision cycle of the master plan from six to 10 years, as well as setting the length of time for the revision of a capital improvement plan to 10 years.
Under the bill any payment received by a municipality for acceleration of development rights shall be transmitted by the municipality to the appropriate entity or entities in proportion to the service unit costs calculated. Monies received by a school district pursuant the bill must be deposited into the appropriate capital reserve or debt service accounts.
