Bill Text: NJ A4746 | 2016-2017 | Regular Session | Introduced
Bill Title: Modifies requirements for preliminary site plans and subdivisions under Municipal Land Use Law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-20 - Introduced, Referred to Assembly Housing and Community Development Committee [A4746 Detail]
Download: New_Jersey-2016-A4746-Introduced.html
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Modifies requirements for preliminary site plans and subdivisions under Municipal Land Use Law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning site plans and subdivisions and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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).
"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-37 et seq.); provided, however, with respect to an application for development for preliminary approval of a site plan, the site plan shall be limited to the information specified in section 34 of P.L.1975, c.291 (C.40:55D-46).
"Standards of performance" means standards (1) adopted by ordinance pursuant to subsection 52d. 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."
"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.
"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.
(cf: P.L.2009, c.146, s.2)
2. 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] 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 development for preliminary approval of the site plan [approval have been met. The] , which shall include a site plan [and any engineering documents to be submitted shall be required] in tentative form and supporting documents 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 an application for development for preliminary approval of a site plan shall be limited to the following zoning ordinance and site plan ordinance 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 standards in the zoning ordinance applicable to the zoning district.
(b) Review of an application for development for preliminary approval of a site plan shall not include review of: stormwater design and drainage calculations; grading; utility; soil erosion and sediment control; architectural design; lighting; or landscaping plans and specifications.
(c) (i) A developer shall include in an application for development for preliminary approval of a site plan any variances for which the developer seeks approval pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) from zoning ordinance provisions governing the criteria set forth in subparagraph (a) of this paragraph.
(ii) A developer may include in an application for development for preliminary approval of a site plan any other variances for which the developer seeks approval under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) and any exceptions for which the developer seeks approval pursuant to subsection b. of section 39 of P.L.1975, c.291 (C.40:55D-51). A developer may defer requests for other variances or exceptions until final approval.
(iii) If an application for development for preliminary approval of a site plan requests a variance or variances under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), the planning board may request and consider additional information as is reasonably necessary for the board to render a decision on the requested variance or variances in accordance with the criteria for approval of the variance or variances under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70).
(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) Except as provided in paragraph (3) of subsection b. of this section, an ordinance providing for the review of an application for development for preliminary approval of a site plan shall require an applicant to submit only the following documents and information in order for the application for development, 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 site plan, at a minimum scale of one inch per 50 feet, except that for sites less than three acres, a 30 foot scale and for sites less than two acres, a 20 foot scale, showing:
(i) topography with two-foot contours; provided, however, that for sites less than three acres the planning board may require topography with one-foot contours or spot grades reasonably necessary to determine the elevations of the existing conditions on the site;
(ii) the location, square footage, and floor area of proposed residential buildings and the number of proposed dwelling units;
(iii) the location, square footage, floor area, and conceptual elevations of proposed multi-family and non-residential buildings;
(iv) conformance with applicable use, density, floor area ratio, height, and other bulk standards in the zoning ordinance;
(v) location and classification of streets, parking areas, and circulation layout, as applicable, along with a statement from the design engineer addressing the safety and sufficiency of onsite vehicular and pedestrian circulation and ingress and egress to and from the subject property;
(vi) location and type of any stormwater detention or retention facilities, with a statement from the design engineer setting forth the basis for the estimated size of these facilities. No other engineering design of proposed grading or stormwater management structures, detailed stormwater management plans, or drainage calculations shall be required;
(vii) the approximate location of onsite streams, lakes, ponds, wetlands, wetlands transition areas, flood hazard areas, and riparian zones, identifying the source for this information, and a statement setting forth the anticipated impacts the proposed development may have on these environmental resources. Any survey submitted to satisfy this requirement shall be prepared and signed by a licensed land surveyor, however, a copy of the survey with a copy of the original signature shall be accepted if the source of the survey is clearly identified;
(viii) property boundaries based on deed information or a survey, at the developer's option. Any survey submitted to satisfy this requirement shall be prepared and signed by a licensed land surveyor, however, a copy of the survey with a copy of the original signature shall be accepted if the source of the survey is clearly identified;
(ix) If a current survey is not submitted, the application shall include a certification signed by a licensed professional engineer or licensed land surveyor indicating that the submitted survey truly represents current conditions of the site.
(c) An identification of proposed sources of potable water and wastewater treatment facilities.
(d) Any variances or exceptions being requested by the developer for the proposed development.
With regard to any application for development for preliminary approval of a site plan or other relief submitted under this section after the effective date of P.L. , c. , the list of documents and information 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). This paragraph shall not supersede the requirements of any checklist adopted by ordinance pursuant section 5 of P.L.1984, c.20 (C.40:55D-10.3) for an application for development for final approval of a site plan.
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.] (1) The planning board shall [, if the proposed development complies with the ordinance and this act,] grant preliminary approval of a site plan [approval] if the proposed development complies with ordinance provisions governing the criteria subject to review in connection with an application for development for preliminary approval of a site plan under subsection a. of this section.
(2) A developer granted preliminary approval of a site plan based on an application for development limited to the documents and information set forth in paragraph (3) of subsection a. of this section shall not construct site infrastructure improvements prior to the grant of final site plan approval.
(3) (a) A developer seeking authorization to construct site infrastructure improvements prior to the grant of final site plan approval shall:
(i) specifically request authorization to construct site infrastructure improvements prior to the grant of final site plan approval in the application for development for preliminary approval of the site plan, and
(ii) submit as part of the application for development for preliminary approval of the site plan all of the required plans and specifications for the proposed site infrastructure improvements.
(b) The planning board may require a developer seeking to construct site infrastructure improvements prior to the grant of final site plan approval to submit information as is reasonably necessary for the board to review the plans and specifications with a sufficient level of scrutiny to determine whether the proposed site infrastructure improvements have been adequately designed to accommodate and support the proposed development.
(c) Preliminary approval of a site plan authorizing a developer to construct site infrastructure improvements prior to the grant of final site plan approval shall specifically so provide in the resolution of approval.
(4) As used in this section, "site infrastructure improvements" shall include, but not be limited to: roadways, grading, sidewalks, street lighting, storm drainage, underground utility systems for sewage, water, and natural gas and clearing, and grubbing.
c. [Upon the submission to the administrative officer of a complete application for a ] (1) A planning board shall grant or deny preliminary approval of a site plan 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] a complete application for development for preliminary approval of the site plan is submitted to the administrative officer or within such further time as may be consented to by the developer. [Upon the submission of a complete application for a]
(2) A planning board shall grant or deny preliminary approval of a site plan which involves more than 10 acres, or more than 10 dwelling units, [the planning board shall grant or deny preliminary approval] within [95] 75 days of the date [of such submission] a complete application for development for preliminary approval of the site plan is submitted to the administrative officer or within such further time as may be consented to by the developer. [Otherwise]
(3) If a planning board does not grant or deny preliminary approval of a site plan within the timeframe specified in paragraph (1) or (2) of this subsection, the planning board shall be deemed to have granted preliminary approval of the site plan.
d. A developer shall submit an application for development for amended preliminary approval of a site plan if, after the grant of preliminary site plan approval, the developer:
(1) seeks to make any substantial revisions to the layout of improvements;
(2) seeks to increase the density for residential development by more than 10 percent or the floor area ratio for nonresidential development by more than 10 percent;
(3) seeks to make any change to the site plan that requires a variance from a zoning ordinance governing criteria subject to review in connection with an application for development for preliminary approval of a site plan pursuant to subparagraph (a) of paragraph (2) of subsection a. of this section; or
(4) seeks to make any change to the site plan that affects the basis upon which any variance had been granted.
e. A developer may, at its option, submit an application for development for preliminary approval of a site plan, or an application for development for amended preliminary approval of a site plan, simultaneous with an application for development for final approval of a site plan, in which case the planning board shall simultaneously review and act upon the applications for preliminary approval and final approval.
(cf: P.L.1984, c.20, s.8)
3. Section 36 of P.L.1975, c.291 (C.40:55D-48) is amended to read as follows:
a. (1) An ordinance requiring subdivision approval by the planning board shall require [that] 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] an application for development for preliminary approval [have been met; provided that minor subdivisions pursuant to section 35 of this act shall not be subject to this section. The] of the subdivision, which shall include a plat [and any other engineering documents to be submitted shall be required] in tentative form and supporting documents for discussion purposes for preliminary approval. Minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) shall not be subject to this section.
(2) (a) Review of an application for development for preliminary approval of a subdivision shall be limited to the following zoning ordinance and site plan ordinance criteria only:
(i) layout and arrangement of proposed lots, as well as any proposed streets, parking, known easements, and other proposed site improvements; and
(ii) compliance with the use, density, and other standards in the zoning ordinance applicable to the zoning district.
(b) Review of an application for development for preliminary approval of a subdivision shall not include review of: stormwater design and drainage calculations; grading; utility; soil erosion and sediment control; architectural design; lighting; or landscaping plans and specifications.
(c) (i) A developer shall include in an application for development for preliminary approval of a subdivision any variances for which the developer seeks approval pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) from zoning ordinance provisions governing the criteria set forth in subparagraph (a) of this paragraph.
(ii) A developer may include in an application for development for preliminary approval of a subdivision any other variances for which the developer seeks approval under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70) and any exceptions for which the developer seeks approval pursuant to subsection b. of section 39 of P.L.1975, c.291 (C.40:55D-51). A developer may defer requests for other variances or exceptions until final approval.
(iii) If an application for development for preliminary approval of a subdivision requests a variance or variances under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), the planning board may request and consider additional information as is reasonably necessary for the board to render a decision on the requested variance or variances in accordance with the criteria for approval of the variance or variances under subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70).
(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) Except as provided in paragraph (3) of subsection b. of this section, an ordinance providing for the review of an application for development for preliminary approval of a subdivision shall require an applicant to submit only the following documents and information in order for the application for development, 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 subdivision, at a minimum scale of one inch per 50 feet, except that for sites less than three acres, a 30 foot scale and for sites less than two acres, a 20 foot scale, showing:
(i) topography with two-foot contours; ; provided, however, that for sites less than three acres the planning board may require topography with one-foot contours or spot grades reasonably necessary to determine the elevations of the existing conditions on the site;
(ii) the location and layout of proposed lots;
(iii) conformance with applicable use, density, and bulk standards in the zoning ordinance;
(iv) location and classification of streets, parking areas, and circulation layout, as applicable, along with a statement from the design engineer addressing the safety and sufficiency of onsite vehicular and pedestrian circulation and ingress and egress to and from the subject property;
(v) location and type of any stormwater detention or retention facilities, with a statement from the design engineer setting forth the basis for the estimated size of these facilities. No other engineering design of proposed grading or stormwater management structures, detailed stormwater management plans, or drainage calculations shall be required;
(vi) the approximate location of streams, lakes, ponds, wetlands, wetlands transition areas, flood hazard areas, and riparian zones, identifying the source for this information, and a statement setting forth the anticipated impacts the proposed development may have on these environmental resources. Any survey submitted to satisfy this requirement shall be prepared and signed by a licensed land surveyor, however, a copy of the survey with a copy of the original signature shall be accepted if the source of the survey is clearly identified;
(vii) property boundaries based on deed information or a survey, at the developer's option. Any survey submitted to satisfy this requirement shall be prepared and signed by a licensed land surveyor, however, a copy of the survey with a copy of the original signature shall be accepted if the source of the survey is clearly identified;
(viii) If a current survey is not submitted, the application shall include a certification signed by a licensed professional engineer or licensed land surveyor indicating that the submitted survey truly represents current conditions of the site.
(c) An identification of proposed sources of potable water and wastewater treatment facilities.
(d) Any variances or exceptions being requested by the developer for the proposed subdivision.
With regard to any application for development for preliminary approval of a subdivision or other relief submitted under this section after the effective date of P.L. , c. , the list of documents and information 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). This paragraph shall not supersede the requirements of any checklist adopted by ordinance pursuant section 5 of P.L.1984, c.20 (C.40:55D-10.3) for an application for development for final approval of a subdivision.
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.] (1) The planning board shall [, if the proposed subdivision complies with the ordinance and this act,] grant preliminary approval [to] of the subdivision if the proposed subdivision complies with ordinance provisions governing the criteria subject to review in connection with an application for development for preliminary approval of a subdivision under subsection a. of this section.
(2) A developer granted preliminary approval of a subdivision based on an application for development limited to the documents and information set forth in paragraph (3) of subsection a. of this section shall not conduct or construct site infrastructure improvements prior to the grant of final subdivision approval.
(3) (a) A developer seeking authorization to construct site infrastructure improvements prior to the grant of final subdivision approval shall:
(i) specifically request authorization to construct site infrastructure improvements prior to the grant of final subdivision approval in the application for development for preliminary approval of the subdivision, and
(ii) submit as part of the application for development for preliminary approval of the subdivision all of the required plans and specifications for the proposed site infrastructure improvements.
(b) The planning board may require a developer seeking to construct site infrastructure improvements prior to the grant of final subdivision approval to submit information as is reasonably necessary for the board to review the plans and specifications with a sufficient level of scrutiny to determine whether the proposed site infrastructure improvements have been adequately designed to accommodate and support the proposed development.
(c) Preliminary approval of a subdivision authorizing a developer to construct site infrastructure improvements prior to the grant of final subdivision approval shall specifically so provide in the resolution of approval.
(4) As used in this section, "site infrastructure improvements" shall include, but not be limited to: roadways, grading, sidewalks, street lighting, storm drainage, underground utility systems for sewage, water, and natural gas and clearing, and grubbing.
c. [Upon the submission to the administrative officer of a complete application for a] (1) A planning board shall grant or deny preliminary approval of a subdivision of 10 or fewer lots [, the planning board shall grant or deny preliminary approval] within 45 days of the date [of such submission] a complete application for development for preliminary approval of the subdivision is submitted to the administrative officer or within such further time as may be consented to by the developer. [Upon the submission of a complete application for a]
(2) A planning board shall grant or deny preliminary approval of a subdivision of more than 10 lots [, the planning board shall grant or deny preliminary approval] within [95] 75 days of the date [of such submission] a complete application for development for preliminary approval of the subdivision is submitted to the administrative officer or within such further time as may be consented to by the developer. [Otherwise]
(3) If a planning board does not grant or deny preliminary approval of a subdivision within the timeframe specified in paragraph (1) or (2) of this subsection, the planning board shall be deemed to have granted preliminary approval to the subdivision.
d. A developer shall submit an application for development for amended preliminary approval of a subdivision if, after the grant of preliminary subdivision approval, the developer:
(1) seeks to make any substantial revisions to the layout of improvements;
(2) seeks to increase the density for residential development by more than 10 percent;
(3) seeks to make any change to the subdivision plat that requires a variance from a zoning ordinance governing criteria subject to review in connection with an application for development for preliminary approval of a subdivision pursuant to subparagraph (a) of paragraph (2) of subsection a. of this section; or
(4) seeks to make any change to the subdivision that affects the basis upon which any variance had been granted.
e. A developer may, at its option, submit an application for development for preliminary approval of a subdivision, or an application for development for amended preliminary approval of a subdivision, simultaneous with an application for development for final approval of a subdivision, in which case the planning board shall simultaneously review and act upon the applications for preliminary approval and final approval.
(cf: P.L.1984, c.20, s.9)
4. 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; however, a preliminary approval authorizing a developer to construct site infrastructure improvements prior to the grant of final site plan approval pursuant to paragraph (3) of subsection b. of section 34 of P.L.1975, c.291 (C.40:55D-46) or paragraph (3) of subsection b. of section 48 of P.L.1975, c.291 (C.40:55D-48) shall confer upon the applicant the following rights for a three-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 years, or five years, as applicable, 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, or five years, as applicable, 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)
5. Section 38 of P.L.1975, c.291 (C.40:55D-50) is amended to read as follows:
38. Final approval of site plans and major subdivisions.
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, conform in all material respects with the conditions of preliminary approval and, in the case of a major subdivision, conform to the standards prescribed by N.J.S.46:26B-1 et seq.; provided that the planning board:
(1) shall permit changes to the preliminary site plan or subdivision plat, as the case may be, that do not require the developer to submit an application for development for amended preliminary approval pursuant to subsection d. of section 34 of P.L.1975, c.291 (C.40:55D-46) or subsection d. of section 36 of P.L.1975, c.291 (C.40:55D-48);
(2) shall consider and may grant requests for variances authorized pursuant to subsubparagraph (ii) of subparagraph (c) of paragraph (2) of subsection a. of section 34 of P.L.1975, c.291 (C.40:55D-46), and subsubparagraph (ii) of subparagraph (c) of paragraph (2) of subsection a. of section 36 of P.L.1975, c.291 (C.40:55D-48); and
(3) 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] 95 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. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall supersede, or relieve an applicant from satisfying, land development procedures and standards adopted by the governing body of a county pursuant to section 4 of P.L.1968, c.285 (C.40:27-6.2) or section 8 of P.L.1968, c.285 (C.40:27-6.6), nor supersede, or relieve a municipal approving authority from complying with, section 5 of P.L.1968, c.285 (C.40:27-6.3) and section 9 of P.L.1968, c.285 (C.40:27-6.7).
(cf: P.L.2013, c.106, s.12)
6. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill amends the "Municipal Land Use Law" (MLUL), P.L.1975, c.291 (C.40:55D-1), to clarify the approval process for site plans and subdivisions, specifically to distinguish between the requirements applicable to preliminary and final approvals, consistent with the Legislature's original intent. The two-step preliminary/final approval process under the MLUL was instituted to provide developers of significant projects the ability to receive preliminary approval of proposed development projects based upon a board's review of plans in tentative form. The two-step process enables a developer to secure approval of the general terms and conditions of a proposed project before incurring the costs of providing detailed plans and specifications. A grant of preliminary approval provides a developer with a period of protection from changes to the general terms and conditions on which the preliminary approval was granted. This period of protection affords a developer security and time to assemble and submit expensive detailed plans and specifications that are required for final approval.
Unfortunately, in many municipalities the application process for preliminary site plan and subdivision approval has evolved to the point where detailed plans, specifications, and engineering data are often required at the preliminary stage. When developers are forced to incur the significant costs of preparing and submitting detailed engineering plans at this early, preliminary, stage of the approval process, they become reluctant to change their proposals, in response to comments and requests from planning board members and members of the public, due to the costs associated with redesigning their plans.
By reevaluating the two-step process, and clearly distinguishing the critical components needed for preliminary approval from the more involved and detailed information required for final approval, this bill intends to enable applicants to secure preliminary approval of the overall layout of a proposed site plan or subdivision before incurring the expense of preparing detailed engineering plans, specifications, and analyses. This change is meant to reduce the possibility of animosity between applicants, boards, and the general public, by positioning applicants to be more receptive to revise their plans in response to public opinion and comments from planning board members.
Specifically, the bill provides that a planning board's review of an application for development for preliminary approval of a site plan would be limited to the following criteria:
· the layout and arrangement of proposed buildings, streets, parking, and other proposed site improvements; and
· compliance with the use, density, floor area ratio, height, and other zoning standards applicable to the zoning district.
Similarly, under the bill, a planning board's review of an application for development for preliminary approval of a subdivision would be limited to the following criteria:
· the layout and arrangement of proposed lots, as well as any proposed streets, parking, known easements, and other proposed site improvements; and
· compliance with the use, density, and other zoning standards applicable to the zoning district.
The bill requires developers to include requests for any "C" variances from zoning ordinance provisions governing these criteria in their applications for preliminary approval. The bill allows developers to include requests for other "C" variances in their applications for preliminary approval, or to defer those variance requests until final approval. The bill defers review relative to assessment of contributions for off-tract improvements until final approval.
The bill details the documents and information that an applicant for preliminary approval of a site plan or subdivision may be required to submit for the application to be considered complete for the planning board's consideration. The bill authorizes planning boards to request additional "reasonably necessary" information, if an application for preliminary approval includes a request for a "C" variance.
The bill shortens the period of time within which a board must grant or deny an application for preliminary approval of more extensive projects (site plans involving more than 10 acres or more than 10 dwelling units, and subdivisions of more than 10 lots) from 95 to 75 days after the date on which a complete application for development is submitted.
The bill specifies four circumstances that require a developer to submit an application to amend a preliminary approval. A developer must submit an application for development for amended preliminary approval of a site plan if, after the grant of preliminary site plan approval, the developer seeks to:
· make any substantial revisions to the layout of improvements;
· increase the density for residential development by more than 10 percent or the floor area ratio for nonresidential development by more than 10 percent;
· make any change to the site plan that requires a variance from a zoning ordinance governing criteria subject to review in connection with an application for development for preliminary approval; or
· make any change to the site plan that affects the basis upon which any variance had been granted.
A developer must submit an application for development for amended preliminary approval of a subdivision if, after the grant of preliminary subdivision approval, the developer seeks to:
· make any substantial revisions to the layout of improvements;
· increase the density for residential development by more than 10 percent;
· make any change to the subdivision plat that requires a variance from a zoning ordinance governing criteria subject to review in connection with an application for development for preliminary approval of a subdivision; or
· make any change to the subdivision that affects the basis upon which any variance had been granted.
The bill provides that a developer may, at its option, submit an application for preliminary approval, or an application to amend a preliminary approval, simultaneous with an application for final approval. In this case, the bill requires a planning board to simultaneously review and act upon the applications for preliminary approval, amended preliminary approval, and final approval.
Under the bill, a developer seeking to construct site infrastructure improvements prior to a grant of final approval must specifically request authorization to do so in its application for preliminary approval. Under this circumstance, the bill requires the applicant to submit the required plans and specification for the proposed site infrastructure improvements as well as other information as is reasonably required by the planning board to determine whether the proposed site infrastructure improvements are adequate. A preliminary approval authorizing a developer to construct site infrastructure improvements prior to final approval must specifically so provide in the resolution of approval.
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. However, with regard to a preliminary approval that authorizes construction of site improvements prior to final approval, the bill retains the three-year vesting period.
The bill would amend the statute governing the standards for final approval of site plans and major subdivisions by requiring a planning board to 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;
· conform in all material respects with the conditions of preliminary approval; and
· in the case of a major subdivision, conform to the statutory requirements for approval or filing of a map.
However, the bill provides that, in granting final approval of a site plan or major subdivision, a planning board must:
· permit changes to a preliminary approval that do not require the developer to submit an application to amend the preliminary approval; and
· consider and may grant requests for "C" variances that may, under the bill, be deferred until final approval.
The bill would expand the time within which a board must grant or deny final approval from 45 days to 95 days after submission of a complete application for final approval.
The bill specifies that its provisions do not supersede or relieve an applicant from satisfying a county's land development procedures and standards, nor supersede, or relieve a municipal approving authority from complying with, provisions of the County Planning Act, N.J.S.A. 40:27-1 et seq.
