Bill Text: NJ A1304 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes Office of Citizen Involvement, Land Use, and Planning Advocate and transfers basic course in land use law and Office of Planning Advocacy to newly established office.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A1304 Detail]
Download: New_Jersey-2024-A1304-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes Office of Citizen Involvement, Land Use, and Planning Advocate and transfers basic course in land use law and Office of Planning Advocacy to newly established office.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning land use planning, including informational and educational requirements, supplementing chapter 18A of Title 52 of the Revised Statutes, and amending P.L.2005, c.133.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is established in the Department of State the Office of Citizen Involvement, Land Use, and Planning Advocate. The Office of Planning Advocacy is abolished, and all of the State programs and personnel, obligations, and duties pertaining to the Office of Planning Advocacy in the Department of State shall be transferred to the Office of Citizen Involvement, Land Use, and Planning Advocate. The Office of Citizen Involvement, Land Use, and Planning Advocate shall provide information, guidance, and training to members of the public concerning land use law and planning, to:
(1) increase public awareness of the impact that land use and zoning matters, including developments of regional impact, warehouses, and other similar projects, have on the lives of citizens of this State;
(2) promote accountability, transparency, and advocacy in the State and local planning process; and
(3) develop innovative ways to assist individuals and local government units with questions concerning the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects.
b. The Secretary of State shall appoint a Director of the Office of Citizen Involvement, Land Use, and Planning Advocate, who shall, by training and experience, be well-versed in municipal land use law and planning, zoning matters, the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), and the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects. The Director of the Office of Citizen Involvement, Land Use, and Planning Advocate shall serve at the pleasure of the State Planning Commission, devote their entire time to the duties of their office, and create and organize subordinate units in the program that are necessary to perform the duties required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The Director of the Office of Citizen Involvement, Land Use, and Planning Advocate shall:
(1) create and maintain a database for information pertaining to the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects. The database shall serve as a consolidated and centralized public information resource for information, questions, concerns, public comment and feedback, or other inquiries that are typically directed to the Department of State and to other State agencies, including but not limited to, the Department of Environmental Protection, Department of Health, Department of Transportation, and Department of Community Affairs, and which concern the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects. The director shall maintain the database as required by this section, and advertise the information and resources provided by the Office of Citizen Involvement, Land Use, and Planning Advocate as required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) on the Office of Citizen Involvement, Land Use, and Planning Advocate's Internet website;
(2) consult with the New Jersey Planning Officials related to the preparation and offering of the basic course in land use law and planning, as required pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3); keep records of the persons that have taken and have passed the required course; and provide, by rule, for the removal of individuals from the local planning board and zoning board of adjustment who did not satisfy the requirements pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3), and for the notification of the governing body of the municipality of the names of the members on the local planning board or zoning board of adjustment that did not satisfy the requirements pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3);
(3) maintain a list of the State personnel that review plans for the siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects;
(4) create and maintain a list of information and questions that State and local officials are advised to ask developers to provide prior to the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects;
(5) provide plain language guidance materials concerning the development process and the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects for members of the public; and
(6) proactively assist communications and coordination between local officials and State offices concerning land use and zoning matters, developments of regional impact, warehouses, and other similar projects.
2. Section 2 of P.L.2005, c.133 (C.40:55D-23.3) is amended to read as follows:
2. a. The [Commissioner of Community Affairs] Director of the Office of Citizen Involvement, Land Use, and Planning Advocate shall cause to be prepared and offered a basic course in land use law and planning within six months from the effective date of P.L.2005, c.133 (C.40:55D-23.3 et al.) for current and prospective members and alternate members of local planning boards pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) and section 13 of P.L.1979, c.216 (C.40:55D-23.1), zoning boards of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69), and supplemental zoning boards of adjustment pursuant to section 1 of P.L.2019, c.225 (C.40:55D-69.2), and combined boards as authorized under law. The basic course to be prepared and offered pursuant to this section shall consist of no more than five hours of scheduled instruction and shall be structured so that a member may satisfy this requirement within one calendar day. The [commissioner] Director of the Office of Citizen Involvement, Land Use, and Planning Advocate shall work in conjunction with the New Jersey Planning Officials in establishing standards for curriculum and administration of the course of study.
b. On or after the first date on which a course in land use law and planning is offered, except as otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), a person shall not be seated as a first-term member or alternate member of a local planning board pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) or section 13 of P.L.1979, c.216 (C.40:55D-23.1), a zoning board of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69) or a combined board as authorized under law, unless the person agrees to take the basic course required to be offered under subsection a. of this section, which the person shall successfully complete within 18 months of assuming board membership in order to retain board membership. A person shall not be seated as a regular member of a supplemental zoning board of adjustment established pursuant to section 1 of P.L.2019, c.225 (C.40:55D-69.2) unless the person agrees to take the basic course offered under subsection a. of this section and successfully completes the course within six months of assuming board membership.
c. Except as otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), any person who is serving as a member or alternate member of a planning board or zoning board of adjustment or combined board as authorized under law on the first date on which a course in land use law and planning is offered shall be required to complete that course within 18 months of the date upon which the course is first offered in order to retain membership on that board.
d. A hearing or proceeding held, or decision or recommendation made, by a planning board or zoning board of adjustment shall not be invalidated if a member has participated in the hearing or proceeding or in the decision making or recommendation and that member is subsequently found not to have completed the basic course in land use law and planning required pursuant to P.L.2005, c.133 (C.40:55D-23.3 et al.).
(cf: P.L.2019, c.225, s.2)
3. (New section) The Secretary of State shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). Additionally, the Secretary of State shall provide for the State funds available for the basic course in land use law and planning, established pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3), and for the Office of Planning Advocacy in the Department of State, abolished pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), to be transferred to the Office of Citizen Involvement, Land Use, and Planning Advocate in the Department of State.
4. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Secretary of State may take anticipatory action necessary to effectuate the provisions of this bill.
STATEMENT
This bill establishes the Office of Citizen Involvement, Land Use, and Planning Advocate in the Department of State to provide information, guidance, and training to members of the public concerning land use law and planning, to:
(1) increase public awareness of the impact that land use and zoning matters, including developments of regional impact, warehouses, and other similar projects, have on the lives of citizens of this State;
(2) promote accountability, transparency, and advocacy in the State and local planning process; and
(3) develop innovative ways to assist individuals and local government units with certain projects, including developments of regional impact and warehouses.
The bill abolishes the Office of Planning Advocacy in the Department of State, and transfers the State programs and personnel, obligations, and duties pertaining to the Office of Planning Advocacy to the Office of Citizen Involvement, Land Use, and Planning Advocate (office).
The bill requires the Secretary of State to appoint a Director of the office (director), who is required to:
(1) create and maintain a database for, and provide information pertaining to, the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects, which would serve as a consolidated and centralized public information resource. The bill requires the director to advertise the information and resources provided by the office on the office's Internet website;
(2) consult with the New Jersey Planning Officials related to the preparation and offering of the basic course in land use law and planning, keep records of the persons that have taken and have passed the required course; and provide for the removal of individuals from the local planning board and zoning board of adjustment who did not satisfy the requirements of the course, and for the notification of the governing body of the municipality of the names of the members on the local planning board or zoning board of adjustment that did not satisfy the requirements of the course;
(3) maintain a list of the State personnel that review plans for the siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects;
(4) create and maintain a list of information and questions that the public State and local officials are advised to ask developers to provide prior to the planning, siting, construction, and maintenance of developments of regional impact, warehouses, and other similar projects;
(5) provide plain language guidance materials concerning the development process for members of the public; and
(6) proactively assist communications and coordination between local officials and State offices concerning land use and zoning matters, developments of regional impact, warehouses, and other similar projects.
The bill also requires the transfer of the funds available for the Office of Planning Advocacy to be transferred to the Office of Citizen Involvement, Land Use, and Planning Advocate, and requires the director, instead of the Commissioner of Community Affairs, to prepare and establish standards for the curriculum and administration of the basic course in land use law and planning.
This bill is to take effect on the first day of the fourth month next following the date of enactment, except that the Secretary of State is to be permitted to take anticipatory action necessary to effectuate the provisions of the bill.
