ASSEMBLY, No. 2591

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED FEBRUARY 13, 2020

Sponsored by:

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

SYNOPSIS

     Requires municipal agency under MLUL to notify prospective applicant of potential need for additional governmental approvals.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning notifications under the "Municipal Land Use Law" and amending P.L.1984, c. 20.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 5 of P.L.1984, c.20 (C.40:55D-10.3) shall be 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.

     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.

     The municipal agency shall inform the applicant, either on the checklist adopted by ordinance and provided to the applicant, or in writing at the time the checklist is provided to the applicant, that a development proposed by an application for development may require approvals by other governmental agencies in addition to and other than the municipal agency and that, in accordance with the provisions of section 13 of P.L.1975, c.291, (C.40:55D-22), the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.  This information shall specifically notify the applicant that a proposed development adjacent to a State highway may require approval by the Department of Transportation pursuant to the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91).

(cf: P.L.1984, c.20, s.5)

     2.    This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

     This bill would require a municipal agency to inform a person, at the time that the person first receives paperwork concerning possible submission of an application for development under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), that the proposed development may require an approval by governmental agencies in addition to the municipal agency.  The municipal agency shall specifically inform the prospective applicant that a proposed development adjacent to a State highway may require approval by the Department of Transportation pursuant to the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91).