S1501

An Act requiring municipalities to consider preserving open space under certain circumstances and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

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

1. a. Notwithstanding any provision of law to the contrary, upon receipt of an application for development of property comprising 20 or more contiguous acres of land, and prior to considering approval or denial of the application for development and issuance of a zoning permit therefore, , the following requirements shall apply:

(1) the administrative officer shall inform the municipal governing body of receipt of the application for development, and of the municipal governing body’s requirement under this section to consider whether to preserve the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.); and

(2) the applicable time periods for action by a municipal agency, its authorized committee, or designee, under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), including but not limited to the time within which the agency, committee, or designee is required to certify an application for development to be complete, shall be stayed to enable the municipal governing body to undertake consideration of whether to preserve the property for recreation and conservation purposes. The administrative officer shall inform the applicant that consideration of whether the application is complete is stayed.

b. Within 45 days of receipt of an application for development from the administrative officer pursuant to this section, the municipal governing body shall complete its consideration of whether to preserve the property for recreation and conservation purposes. In this regard, the municipal governing body shall convene a public hearing, on public notice, to receive and consider testimony from municipal residents and interested parties; by resolution, decide whether to commence the process of preserving the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.); and notify the administrative officer of the municipal governing body’s decision.

c. (1) Upon receipt of a municipal governing body’s decision to commence the process of preserving the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) and this section, the administrative officer shall notify the applicant that the time within which the municipal agency is required to take action on the application shall continue to be stayed until the procedures authorized pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) have been completed.

(2) Upon completion of the procedures authorized under P.L.1997, c.24 (C.40:12-15.1 et seq.), the municipal governing body shall inform the administrative officer, and the administrative officer shall notify the applicant, whether: the application is denied, under the authority of this section, because the municipality is purchasing the property; or that the stay of the time within which the municipal agency is required to take action on the application shall commence to run because the municipality is not undertaking purchase of the property.

d. Upon receipt of a municipal governing body’s decision to not commence the process of preserving the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) and this section, the administrative officer shall notify the applicant that the date upon which the stay imposed pursuant to this section has been lifted, and shall inform the applicant of the applicable time periods for action under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), including but not limited to the time within which the municipal agency is required to certify the application for development to be complete.

2. This act shall take effect immediately.

STATEMENT

This bill requires municipalities to consider preservation of large swaths of property for recreation and conservation purposes, if the property is proposed for development. Under the bill, upon receipt of an application for development of property comprising 20 or more contiguous acres of land, the administrative officer is required to inform the municipal governing body of receipt of the application for development, and of the municipal governing body’s requirement to consider whether to preserve the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.).

The bill proposes to stay the applicable time periods for action by a municipal agency, its authorized committee, or designee, under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), including but not limited to the time within which the agency, committee, or designee is required to certify an application for development to be complete. This stay is put in place to enable the municipal governing body to undertake consideration of whether to preserve the property for recreation and conservation purposes.

The bill grants a municipal governing body a 45-day period to complete its consideration of whether to preserve the property for recreation and conservation purposes. In this regard, the municipal governing body is required to: convene a public hearing, on public notice, to receive and consider testimony from municipal residents and interested parties; by resolution, decide whether to commence the process of preserving the property for recreation and conservation purposes; and notify the administrative officer of the municipal governing body’s decision.

Upon receipt of a municipal governing body’s decision to commence the process of preserving the property for recreation and conservation purposes pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) and this bill, the bill directs the administrative officer to notify the applicant that the time within which the municipal agency is required to take action on the application shall continue to be stayed until the procedures authorized pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) have been completed.

Upon completion of those procedures, the municipal governing body is required to inform the administrative officer, and the administrative officer is required to notify the applicant, whether: the application is denied, under the authority of the bill, because the municipality is purchasing the property; or that the stay of the time within which the municipal agency is required to take action on the application shall commence to run because the municipality is not undertaking purchase of the property.

Upon receipt of a municipal governing body’s decision to not commence the process of preserving the property for recreation and conservation purposes, the administrative officer is required to notify the applicant that the date upon which the stay was imposed has been lifted, and shall inform the applicant of the applicable time periods for action under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), including but not limited to the time within which the municipal agency, committee, or designee is required to certify the application for development to be complete.