Bill Text: NJ S2818 | 2014-2015 | Regular Session | Introduced
Bill Title: Modifies requirements concerning preliminary site plan and subdivision approvals under the MLUL.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-12 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2818 Detail]
Download: New_Jersey-2014-S2818-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Modifies requirements concerning preliminary site plan and subdivision approvals under the MLUL.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning preliminary site plan and subdivision applications and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 34 of P.L.1975, c.291 (C.40:55D-46) is amended to read as follows:
34. a. (1) An ordinance requiring site plan review and approval shall [require that] allow the developer to submit to the administrative officer [a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary] an application for preliminary site plan approval [have been met]. The site plan and [any engineering] supporting documents [to be submitted] shall be [required] submitted in tentative form for discussion purposes for preliminary approval. [If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.]
(2) (a) Review of a preliminary site plan shall be limited to the following zoning criteria only:
(i) layout and arrangement of proposed buildings, streets, parking, and other proposed site improvements; and
(ii) compliance with the use, density, floor area ratio, height, and other bulk zoning standards applicable to the zoning district.
(b) Review of a preliminary site plan shall not include review of stormwater design and drainage calculations, or grading, utility, soil erosion and sediment control, lighting, and landscaping plans and specifications.
(c) The developer may include in the application any variances for which it seeks approval pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) and any exceptions for which it seeks approval pursuant to subsection b. of section 39 of P.L.1975, c.291 (C.40:55D-51), or may defer requests for variances or exceptions until final approval.
(d) Review relative to assessment of contributions for off-tract improvements pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42) shall occur at the time of final approval.
(3) A developer may be required to submit only the following documents in order for an application for preliminary site plan approval, with or without variances or exceptions, to be deemed complete:
(a) a location map of the subject property showing land within 200 feet;
(b) a development plan, at a scale of one inch per 100 feet, showing
(i) topography with five-foot contours,
(ii) the location, square footage, and floor area of proposed residential buildings and the number of proposed dwelling units,
(iii) the location, square footage,, and floor area ratio of proposed non-residential buildings,
(iv) conformance with applicable use, density, floor area ratio, height, and other bulk standards,
(v) approximate location of streets, parking areas, and circulation layout,
(vi) approximate location of any drainage basins and other proposed stormwater management structures, but without requiring engineering of grading, stormwater management plans and drainage calculations,
(vii) the approximate location of onsite streams, lakes, ponds, wetlands, wetlands transition areas, flood hazard areas, and riparian zones, and
(viii) property boundaries based on deed information or a survey, at the developer's option;
(c) identification of proposed sources of potable water and wastewater treatment facilities; and
(d) any variances or exceptions requested by the developer for the proposed development.
With regard to any application for approval or other relief under this section, the list of documents in this paragraph shall supersede the requirements of any checklist adopted by ordinance pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3).
b. [If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development.] The planning board shall [, if the proposed development complies with the ordinance and this act,] grant preliminary site plan approval if the proposed development complies with ordinance provisions governing the zoning criteria subject to review in connection with an application for preliminary site plan under subsection a. of this section.
c. Upon the submission to the administrative officer of a complete application for a preliminary site plan approval which involves 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a preliminary site plan approval which involves more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
d. If the developer chooses to substantially increase the density for residential development or substantially increase the floor area ratio for nonresidential development after the preliminary approval is granted, an amended application for preliminary site plan approval shall be submitted for review.
e. A developer may, at its option, submit an application for preliminary site plan approval, or an application for amended preliminary site plan approval, simultaneous with an application for final site plan approval, in which case the planning board shall simultaneously review and act upon the applications for preliminary and final approval.
(cf: P.L.1984, c.20, s.8)
2. Section 36 of P.L.1975, c.291 (C.40:55D-48) is amended to read as follows:
36. a. (1) An ordinance requiring subdivision approval by the planning board shall [require that] allow the developer to submit to the administrative officer [a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met] an application for preliminary subdivision approval; provided that minor subdivisions pursuant to section 35 of [this act] P.L.1975, c.291 (C.40:55D-47) shall not be subject to this section. The application shall include a plat and [any other engineering] supporting documents [to be submitted shall be required] in tentative form for discussion purposes for preliminary approval.
(2) (a) Review of a preliminary subdivision shall be limited to the following zoning criteria only:
(i) layout and arrangement of the proposed lots, as well as any proposed streets, parking, and other proposed site improvements; and
(ii) compliance with the use, density, floor area ratio, height, and other bulk zoning standards applicable to the zoning district.
(b) Review of a preliminary subdivision shall not include review of stormwater design and drainage calculations, or grading, utility, soil erosion and sediment control, lighting, and landscaping plans and specifications.
(c) The developer may include in the application any variances for which it seeks approval pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) and any exceptions for which it seeks approval pursuant to subsection b. of section 39 of P.L.1975, c.291 (C.40:55D-51), or may defer requests for variances or exceptions until final approval.
(d) Review relative to assessment of contributions for off-tract improvements pursuant to section 30 of P.L.1975 c.291 (C.40:55D-42) shall occur at the time of final approval.
(3) A developer may be required to submit only the following documents in order for an application for preliminary subdivision approval, with or without variances or exceptions, to be deemed complete:
(a) a location map of the subject property showing land within 200 feet;
(b) a development plan, at a scale of one inch per 100 feet, showing
(i) topography with five-foot contours,
(ii) the location and layout of proposed lots,
(iii) conformance with applicable use, density, floor area ratio, height, and bulk standards,
(iv) approximate location of streets, parking areas, and circulation layout, as applicable,
(v) approximate location of any drainage basins and other proposed stormwater management structures, but without requiring engineering of grading, stormwater management plans, and drainage calculations,
(vi) the approximate location of streams, lakes, ponds, wetlands, wetlands transition areas, flood hazard areas, and riparian zones, and
(vii) property boundaries based on deed information or a survey, at the developer's option;
(c) identification of proposed sources of potable water and wastewater treatment facilities; and
(d) any variances or exceptions requested by the developer for the proposed subdivision.
With regard to any application for approval or other relief under this section, the list of documents in this paragraph shall supersede the requirements of any checklist adopted by ordinance pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3).
b. [If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development.] The planning board shall [, if the proposed subdivision complies with the ordinance and this act,] grant preliminary approval to the subdivision if the proposed development complies with ordinance provisions governing the zoning criteria subject to review in connection with an application for preliminary subdivision under subsection a. of this section.
c. Upon the submission to the administrative officer of a complete application for a preliminary subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a preliminary subdivision of more than 10 lots, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval to the subdivision.
d. If the developer chooses to substantially increase the density for residential development or the floor area ratio for nonresidential development by more than 10 percent after the preliminary approval is granted, an amended application for preliminary subdivision approval shall be submitted for review.
e. A developer may, at its option, submit an application for preliminary subdivision approval, or an application for amended preliminary subdivision approval, simultaneous with an application for final subdivision approval, in which case the planning board shall simultaneously review and act upon the applications for preliminary and final approval.
(cf: P.L.1984, c.20, s.9)
3. Section 37 of P.L.1975, c. 291 (C.40:55D-49) is amended to read as follows:
37. Preliminary approval of a major subdivision pursuant to section 36 of P.L.1975, c.291 (C.40:55D-48) or of a site plan pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46) shall, except as provided in subsections d. and g. of this section, confer upon the applicant the following rights for a [three-year] five-year period from the date on which the resolution of preliminary approval is adopted:
a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to section 29.3 of P.L.1975, c.291 (C.40:55D-41); except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and
c. That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
d. In the case of a subdivision of or site plan for an area of 50 acres or more, the planning board may grant the rights referred to in subsections a., b., and c. of this section for such period of time, longer than [three] five years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
e. Whenever the planning board grants an extension of preliminary approval pursuant to subsection c., d., or g. of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
f. The planning board shall grant an extension of preliminary approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection c. or d. of this section.
g. In the case of a site plan for a development consisting of not less than 150,000 square feet of nonresidential floor area or not less than 100 residential dwelling units, or consisting of a combination of square feet of nonresidential floor area and residential dwelling units, which when proportionately aggregated at a rate of 1,500 square feet of nonresidential floor area to one residential dwelling unit, are equivalent to at least 150,000 square feet of nonresidential floor area or 100 residential dwelling units, the planning board may grant the rights referred to in subsections a., b., and c. of this section for such period of time beyond three years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and non-residential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter, and the planning board may thereafter grant, an extension to the preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions, and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
(cf: P.L.2011, c.86, s.2)
4. Section 38 of P.L.1975, c.291 (C.40:55D-50) is amended to read as follows:
38. a. The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by N.J.S.46:26B-1 et seq.; provided that the planning board shall consider and may grant requests for variances authorized pursuant to subsection a. of section 34 of P.L.1975, c.291 (C.40:55D-46), as amended by P.L. , c. (pending before the Legislature as this bill) and subsection a. of section 36 of P.L.1975, c.291 (C.40:55D-48), as amended by P.L. , c. (pending before the Legislature as this bill); and further provided that in the case of a planned development, the planning board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
b. Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the planning board to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the planning 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.2013, c.106, s.12)
5. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
As the "Municipal Land Use Law" (MLUL) has been implemented over the years in New Jersey's hundreds of municipalities, the application process for preliminary site plan and subdivision approval has evolved to the point where detailed plans, specifications, and engineering data is often now being required at the preliminary stage, effectively converting what was once considered to be a true preliminary approval, to basically, a final approval. This proposal is intended to restore the distinction between preliminary approval and final approval.
Specifically, this legislation would restore the Legislature's original intent of the MLUL by re-evaluating the critical components needed for the preliminary site plan approval process and distinguishing that from the more involved and detailed information required as part of the final approval process. By reforming the preliminary approval process, applicants will not incur the unnecessary expense of preparing detailed engineering plans, specifications, and analyses before the overall layout of a site plan or subdivision is approved. Similarly, by more clearly delineating the information needed to support an application for preliminary site plan or subdivision approval, as well as the nature and scope of the zoning criteria to be considered by the planning board in reviewing applications for preliminary approval, this bill will ease these time burdens on the citizen volunteers who dedicate their time to serve without compensation as planning boards members.
Finally, to allow sufficient time for completion of the detailed engineering plans and outside agency approvals associated with final approval of subdivisions and site plans, the bill extends the vesting period for preliminary approvals from three years to five years.
