Bill Text: NJ S682 | 2026-2027 | Regular Session | Introduced
Bill Title: Revises various provisions of MLUL; provides for certain model applications and checklists.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-01-13 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S682 Detail]
Download: New_Jersey-2026-S682-Introduced.html
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
SYNOPSIS
Revises various provisions of MLUL; provides for certain model applications and checklists.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning land use regulation, amending various parts of the statutory law, and supplementing P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1975, c.291 (C.40:55D-2) is amended to read as follows:
2. Purpose of the act. It is the intent and purpose of this act:
a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;
b. To secure safety from fire, flood, panic and other natural and man-made disasters;
c. To provide adequate light, air and open space;
d. To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the State as a whole;
e. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
f. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
h. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;
k. To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
l. To encourage senior citizen community housing construction;
m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development, including the cost of processing applications, and to the more efficient use of land;
n. To promote utilization of renewable energy resources;
o. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs;
p. To enable municipalities the flexibility to offer alternatives to traditional development, through the use of equitable and effective planning tools including clustering, transferring development rights, and lot-size averaging in order to concentrate development in areas where growth can best be accommodated and maximized while preserving agricultural lands, open space, and historic sites; and
q. To ensure that the development of individual municipalities does not unnecessarily encroach upon military facilities or negatively impact the operation of military facilities, and to those ends, to encourage municipalities to collaborate with military facility commanders in planning and implementing appropriate land use controls, thereby improving the vitality of military facilities and protecting against their loss through the Base Realignment and Closure process or mission loss.
(cf: P.L.2016, c.21, s.1)
2. 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 board of adjustment 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 board of adjustment shall not be bound by any such review.
(cf: P.L.1985, c.516, s.4)
3. 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 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. If an applicant is notified of deficiencies in an application, and the applicant resubmits the application to correct the deficiencies, the agency, committee, or designee shall either certify the resubmitted application to be complete within 14 days of the date of its submission, or the application shall be deemed complete upon the expiration of the 14-day period for purposes of commencing the applicable time period, unless: the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 14 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)
4. (New section) The Department of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt, by regulation, model forms for applications for development, and model forms for checklists, for the purpose of providing municipal agencies the option to adopt uniform standardized application forms and checklists.
5. Section 13 of P.L.1975, c.291 (C.40:55D-22) is amended to read as follows:
13. a. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by [any] a State agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by [any] a State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process [such] the application for development in accordance with [this act] P.L.1975, c.291 (C.40:55D-1 et seq.) and municipal development regulations, and, if [such] the application for development complies with municipal development regulations, the municipal agency shall approve [such] the application conditioned on removal of [such] the legal barrier to development.
b. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of [such] the other governmental agency; provided that the municipality shall make a decision on [any] the application for development within the time period provided in [this act] P.L.1975, c.291 (C.40:55D-1 et seq.) or within an extension of [such] the time period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
c. When a municipal agency, or its designee, receives proof of fulfillment of a condition or conditions of approval, the municipal agency, or its designee, shall review and verify the proof, and respond to the submitter within 30 days of receipt of the initial submission, and, if applicable, within 15 days of receipt of a subsequent submission. The municipal agency, or its designee, and the submitter may, for good cause shown, agree to an extension of time before or after the lapse of the applicable time period following a submission. For purposes of calculating the time period within which a municipal agency, or its designee, shall respond to a resolution compliance submission, the time periods shall commence on the date upon which the municipal agency, or its designee, received the submission.
d. If the municipal agency, or its designee, fails to review and verify proof of fulfillment of a condition or conditions of approval, and respond, in writing, to the submitter, as required under subsection c. of this section, the submitter may apply to the Superior Court in a summary manner for an order compelling the municipal agency or its designee to reduce its finding and conclusions to writing within a stated time, and the cost of the application, including attorney's fee, shall be assessed against the municipality.
(cf: P.L.1975, c.291, s.13)
6. Section 5 of P.L.1993, c.32 (C.40:55D-40.5) is amended to read as follows:
5. Notwithstanding any provision [to the contrary] of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) to the contrary, the standards set forth in the regulations adopted pursuant to subsection b. of section 4 of [this act] P.L.1993, c.32 (C.40:55D‑40.4) shall supersede [any] site improvement standards incorporated within the development ordinances of [any] a municipality, as provided hereunder. The regulations adopted by the commissioner pursuant to subsection b. of section 4 of [this act] P.L.1993, c.32 (C.40:55D‑40.4) and [any] subsequent amendments thereto shall take effect 180 days following the adoption of those regulations [and any]. A municipal [ordinances] ordinance in effect on that date shall be deemed to have been repealed and have no further force or effect; provided, however, that the development ordinances of [any] a municipality shall continue to govern [any] a project which has received preliminary approval on or before the effective date of [any] the site improvement standards or amendments adopted thereto.
As used in this section, the term "development ordinances" shall not include residential parking standards set forth in a redevelopment plan adopted under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.).
(cf: P.L.1993, c.32, s.5)
7. Section 13 of P.L.1991, c.256 (C.40:55D-53.2) is amended to read as follows:
13. a. (1) The chief financial officer of a municipality shall make [all of the] payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). [Such] Professional fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that [shall] may be added to [any such] a professional's fees or charges shall be actual out-of-pocket expenses of [any such] the professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements.
(2) The municipality or approving authority shall not bill the applicant, or charge [any] an escrow account or deposit authorized under subsection b. of this section, for [any] municipal clerical or administrative functions, overhead expenses, meeting room charges, or [any] other municipal costs and expenses, except as provided for in this section, nor shall a municipal professional [add any such] include these types of charges [to his] in the professional's bill. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying [(1)] the hourly base salary, which shall be established annually by ordinance, of each of the professionals by [(2)] the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. [For other professionals the]
(3) A professional other than a municipal professional shall charge [shall be at] an applicant the same rate [as] the professional charges for all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
b. (1) If the municipality requires [of the] a developer [a] to deposit funds toward anticipated [municipal] expenses incurred for [these] professional services, the municipality shall deposit [shall be placed] the funds in an escrow account pursuant to section 1 of P.L.1985, c.315 (C.40:55D-53.1). The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development.
(2) The amount of the initial deposit required shall be established by ordinance. For review of applications for development proposing a subdivision, the amount of the deposit shall be calculated based on the number of proposed lots. For review of applications for development proposing a site plan, the amount of the deposit shall be based on one or more of the following: the area of the site to be developed, the square footage of buildings to be constructed, or an additional factor for circulation-intensive sites, such as those containing drive-through facilities. Deposits for inspection fees shall be established in accordance with subsection h. of section 41 of P.L.1975, c.291 (C.40:55D-53).
c. (1) [Each] A professional shall submit a voucher to the chief financial officer of the municipality to request release of a payment [charged to the deposit for] against the amount deposited by a developer for payments to professionals for review of applications, review and preparation of documents and inspection of improvements [shall be pursuant to a voucher from the professional], which voucher shall identify:
(a) the personnel performing the service, and
(b) for each date of service:
(i) the services performed,
(ii) the hours spent to one-quarter hour increments,
(iii) the hourly rate, and
(iv) the expenses incurred.
(2) All professionals shall submit vouchers to the chief financial officer of the municipality on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the municipality.
(3) If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.
(4) The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the municipality simultaneously to the applicant.
(5) The chief financial officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
(6) If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(7) A professional who rendered services to a municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.) during a calendar year shall, annually, prior to the following March 1, submit to the chief financial officer of the municipality an annual statement setting forth a compilation of the following information:
(a) the dollar amount billed for services rendered on each application for development over the prior calendar year;
(b) the dollar amount collected for services rendered on each application for development over the prior calendar year;
(c) the total dollar amount billed for services rendered on each application for development between the date of submission of the application for development and the date of submission of the annual statement;
(d) the total dollar amount collected for services rendered on each application for development between the date of submission of the application for development and the date of submission of the annual statement.
(8) Prior to the first day of the fourth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Community Affairs shall adopt, by regulation, a standardized form to be used by each professional who rendered services to a municipality or approving authority when the professional prepares and submits an annual statement in compliance with the requirements of this subsection.
(9) A municipality that maintains an Internet website shall post and display thereon each annual statement received by the municipality's chief financial officer from a professional who rendered services to the municipality or an approving authority of the municipality.
d. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L.1975, c.291 (C.40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the chief financial officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L.1985, c.315 (C.40:55D-53.1), shall be refunded to the developer along with the final accounting.
e. All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by [any] a State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
f. If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
(cf: P.L.1995, c.54, s.1)
8. Section 3 of P.L.1995, c.54 (C.40:55D-53.2a) is amended to read as follows:
3. a. (1) An applicant [shall notify] may dispute a fee or charge requested by a professional by either: notifying, in writing, the governing body [with] of the municipality and by delivering copies to the chief financial officer [,] and the approving authority of the municipality, and to the professional [whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may] whose fees or charges are the subject of the dispute; or by submitting an appeal to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127) [any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4)], and simultaneously notifying, in writing, the governing body, the chief financial officer, and the approving authority of the municipality, and the professional whose fees or charges are the subject of the dispute. An applicant or [his] the applicant's authorized agent [shall submit the appeal in writing to the county construction board of appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2). An applicant] may [file an] appeal [for] an ongoing series of charges submitted by a professional [during a period not exceeding six months] to demonstrate that [they represent] the series of charges represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) An applicant may submit an appeal disputing a professional's charges at any time up to and including the 20th day following the issuance of the permanent certificate of occupancy for the development, unit, lot, building, or phase of development.
b. The governing body of the municipality or the county construction board of appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with [the municipality or] the applicant, the professional, and the chief financial officer, the governing body, and the approving authority of the municipality, not later than 10 business days following the submission of the appeal to the governing body or the board, unless [such period of time has been extended with the consent of] the applicant has consented to an extension of this time period. The [decision] governing body of the municipality or the county construction board of appeals may approve, disapprove, or modify the disputed professional charges [appealed from]. [A] The governing body of the municipality or the county construction board of appeals shall deliver a copy of the decision [shall be forwarded] by certified or registered mail to the party [making the appeal] who submitted the dispute, the [municipality,] chief financial officer, the governing body, and the approving authority of the municipality, and the professional involved [in the appeal]. Failure by a municipal governing body or the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of [the] an appeal for purposes of enabling an applicant to initiate a complaint, application, or appeal to a court of competent jurisdiction.
c. The county construction board of appeals shall [provide] promulgate rules for [its procedure] processing a dispute in accordance with this section. The board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c.38 (C.2A:67A-1 et seq.) shall apply.
d. During the pendency of [any] an appeal over a professional's charges, the [municipality] governing body or approving authority of the municipality shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
e. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section. Within two years of the effective date of [P.L.1995, c.54 (C.40:55D-53.2a et al.)] P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall prepare and submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly. The report shall describe the appeals process established by section 3 of P.L.1995, c.54 (C.40:55D-53.2a), as amended by P.L. , c. (C. ) (pending before the Legislature as this bill), and shall make recommendations for legislative or administrative action necessary to provide a fair and efficient appeals process.
(cf: P.L.1995, c.54, s.3)
9. Section 20 of P.L.1991, c.256 (C.40:55D-69.1) is amended to read as follows:
20. If the zoning board of
adjustment or supplemental zoning board of adjustment lacks a quorum because
any of its regular or alternate members is prohibited by section 56 of
P.L.1975, c.291 (C.40:55D-69) or section 1 of P.L.2019, c.225 (C.40:55D-69.2) from
acting on a matter due to the member's personal or financial interest therein,
Class IV members of the planning board shall be called upon to serve, for that
matter only, as temporary members of the zoning board of adjustment or
supplemental zoning board of adjustment. The Class IV members of the planning
board shall be
called upon to serve in order of seniority of continuous service to the
planning board until there are the minimum number of members necessary to
constitute a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. However, if an application
for development involves a request for a variance under subsection d. of
section 57 of P.L.1975, c.291 (C.40:55D-70), then Class IV members of the
planning board shall be called upon to serve until the zoning board of
adjustment has a full complement of seven members. If a choice has to be
made between Class IV members of equal seniority, the chairman of the planning
board shall make the choice.
(cf: P.L.2019, c.225, s.3)
10. This act shall take effect immediately and shall be applicable to applications for development certified to be complete on and after the date of enactment.
STATEMENT
This bill proposes several amendments to the Municipal Land Use Law (MLUL), P.L.1975, c.291 (C.40:55D-1 et seq.). Specifically:
Section 1 of the bill would amend section 2 of the MLUL (C.40:55D-2), the provision which sets forth the "intent and purpose" of the MLUL, to clarify that a current MLUL purpose: to "encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development," includes the cost of processing applications for development.
Section 2 of the bill would amend section 8 of P.L.1979, c.216 (C.40:55D-10.1) to require a zoning board of adjustment (ZBA) to grant a non-binding informal review of a developer's concept plan. Current law requires a planning board but not a ZBA to grant a non-binding informal concept plan review.
Section 3 of the bill would amend section 5 of P.L.1984, c.20 (C.40:55D-10.3) to specify a 14-day period for the review of a resubmitted application for development during the completeness determination. Specifically, after an applicant has been notified of deficiencies in a prior application for development, the bill would require the municipal agency, or its authorized committee or designee, to either certify a resubmitted application to be complete within 14 days of the date of its submission, or the application would be deemed complete, unless: the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 14 days of submission of the application.
Section 4 of the bill would supplement the MLUL by requiring the Department of Community Affairs to adopt model forms for applications for development, and model forms for checklists, for the purpose of providing municipal agencies the option to adopt uniform standardized application forms and checklists.
Section 5 of the bill would amend section 13 of P.L.1975, c.291 (C.40:55D-22) to establish timeframes for the review of resolution compliance submissions. Generally, a resolution memorializing the approval of an MLUL application for development sets forth conditions that must be fulfilled before an applicant's site plan or subdivision map can be signed or a zoning permit and building permit can be issued. Current law does not specify a timeframe for municipal agency consideration of an applicant's resolution compliance submissions. The bill specifically would require a municipal agency, or its designee, to review and verify the submitted proof of the fulfillment of conditions, and respond to the applicant within 30 days of receipt of an initial submission, and, if applicable, within 15 days of receipt of a subsequent submission. The bill would allow a municipal agency, or its designee, and an applicant to agree to extensions of time. Under the bill, if a municipal agency or its designee fails to respond, the applicant may institute a summary action in court to compel the municipal agency or its designee to respond, in writing, and to impose costs and attorney fees against the municipality.
Section 6 of the bill would amend section 5 of P.L.1993, c.32 (C.40:55D-40.5) to provide that residential parking standards set forth in a redevelopment plan, adopted under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), control the parking requirements for the redevelopment project rather than the residential parking standards set forth in the Residential Site Improvement Standards.
Section 7 of the bill would amend section 13 of P.L.1991, c.256 (C.40:55D-53.2) to require each professional who rendered services to a municipality or approving authority under the Municipal Land Use Law to submit to the chief financial officer of the municipality, prior to March 1 of each year, an annual statement setting forth a compilation of the following information:
� the dollar amount billed for services rendered on each application for development over the prior calendar year;
� the dollar amount collected for services rendered on each application for development over the prior calendar year;
� the total dollar amount billed for services rendered on each application for development between the date of submission of the application for development and the date of submission of the annual statement; and
� the total dollar amount collected for services rendered on each application for development between the date of submission of the application for development and the date of submission of the annual statement.
Additionally, section 7 of the bill would require the Department of Community Affairs, prior to the first day of the fourth month next following enactment, to adopt a form for each professional to use when preparing and submitting an annual statement reporting the amount billed and collected on each application for development. This section would also require a municipality that maintains an Internet website to post and display thereon each annual statement received by the municipality's chief financial officer from a professional who rendered services to the municipality or an approving authority of the municipality.
Finally, section 7 of the bill includes technical amendments to clarify the process for a professional to submit vouchers to the chief financial officer of the municipality when requesting release of payments from amounts deposited by a developer, and held in escrow by the municipality, for payments to professionals. Technical amendments to this section clarify that a professional's voucher is required to identify the personnel performing the service, and for each date of service: the services performed, the hours spent to one-quarter hour increments, the hourly rate, and the expenses incurred.
Section 8 of the bill amends section 3 of P.L.1995, c.54 (C.40:55D-53.2a) to address the ability of an applicant to dispute amounts a professional charges for reviewing an application for development, et al. Current law affords a municipal governing body a "reasonable time period" to attempt to remediate disputed charges, and allows an applicant to appeal a professional fee dispute to the county construction board of appeals, if the matter is not resolved by the governing body to the applicant's satisfaction, within 45 days of receipt of the informational copy of the professional's voucher. The bill would delete current law's process, through which a municipal governing body may attempt to mediate a dispute over a professional's fees and charges, and instead allow an applicant to submit a dispute directly to the county construction board of appeals for nonbinding mediation.
Current law requires an applicant to file an appeal disputing a professional's charges within 45 days following the applicant's receipt of an informational copy of a professional's voucher, or if the professional has not supplied the applicant with an informational copy of the voucher, within 60 days following the applicant's receipt of the municipal statement of activity against the deposit or escrow account. The bill would amend these provisions to allow an applicant, who was not provided an informational copy of a professional's voucher by the professional, to initiate a dispute of a professional's charges at any time at any time up to the 20th day following the issuance of the permanent certificate of occupancy for the development.
Section 9 of the bill would amend section 20 of P.L.1991, c.256 (C.40:55D-69.1) to provide that, if an application for development involves a request for a variance under subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), then Class IV members of the planning board shall be called upon to serve until the zoning board of adjustment has a full complement of seven members. Current law provides that if a zoning board of adjustment does not have a quorum, then planning board members are called upon to serve until there are the minimum number of members necessary for a quorum.
The bill also makes additional technical changes.
