Bill Text: NJ A1960 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes municipality to require enhanced notice of applications for development under MLUL by posting signs and expanding scope of individual notice to property owners within 400 feet of subject property.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Housing and Local Government Committee [A1960 Detail]
Download: New_Jersey-2010-A1960-Introduced.html
Sponsored by:
Assemblyman JACK CONNERS
District 7 (Burlington and Camden)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Authorizes municipality to require enhanced notice of applications for development under MLUL by posting signs and expanding scope of individual notice to property owners within 400 feet of subject property.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing municipalities to adopt enhanced land use application notice requirements, supplementing and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. For applications for which a public notice of a hearing is required to be given pursuant to subsection a. of section 7.1 of P.L.1975, c.291 (C.40:55D-12), a designated municipal official may, if authorized pursuant to municipal ordinance, post a sign on the property which is the subject matter of a development application containing the following notice:
PUBLIC NOTICE
A Development Application has been filed with the___________ (Zoning Board of Adjustment or Planning Board, as appropriate) relative to this property. For more information, call ____________ (Telephone number of designated municipal official) and reference application # ______.
b. A sign authorized to be posted in accordance with the provisions of subsection a. of this section shall be printed in accordance with size, material and type-face standards set forth pursuant to municipal ordinance. The sign shall be posted not later than 10 days before the first scheduled public hearing on the application and shall remain posted for 45 days following the memorialization of any zoning board or planning board action. The sign shall be posted on all streets upon which the application has property fronting, other than limited access highways that are under State jurisdiction. The sign shall be posted as close as is reasonably possible to the center of the property fronting the street, and shall be placed facing the street and approximately 30 feet back from the edge of the right-of-way, if practicable. In the event that properties border a State highway, the sign shall not encroach on the right-of way. The sign shall be clearly visible from the street. The designated municipal official shall be responsible for the maintenance and removal of any sign which the official has posted.
c. The designated municipal official, at or before the scheduled public hearing, shall file with the applicable board a certification verifying the date the sign was posted, its location on the property and a picture of the sign located on the property.
d. In addition to any other fees authorized under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), an applicant may be charged a fee, not to exceed $75, to cover the actual costs of printing and posting the notices required under this section.
e. The failure of a designated municipal official to post or maintain a sign on the property which is the subject matter of a development application, or to file with the board a certification under this section, shall not invalidate any determination, decision, hearing, or proceeding with respect to that application.
2. Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:
7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given at least 10 days prior to the date of the hearing.
a. Public notice of a hearing shall be given for an extension of approvals for five or more years under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice.
In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31) or, if so provided by ordinance adopted pursuant to subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b. Except as provided in paragraph (2) of subsection h. of this section, notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
The governing body of a municipality, pursuant to the authority of this subsection, may adopt an ordinance providing that notice required under this subsection shall be provided to owners of property within up to 400 feet in all directions of the property that is the subject of the hearing.
c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner, to any public utility, cable television company, or local utility or to any military facility commander not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
f. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).
h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given: (1) in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (i) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (ii) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form; (2) in the case of a military facility which has registered with the municipality and which is situated within 3,000 feet in all directions of the property which is the subject of the hearing, by (i) serving a copy of the notice on the military facility commander whose name appears on the registration form or (ii) mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.
i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.
j. Notice pursuant to
subsections d., e., f., g. and h. of this section shall not be deemed to be
required, unless public notice
pursuant to subsection a. and notice pursuant to subsection b. of this section
are required.
(cf: P.L.2005, c.41, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill would authorize municipalities to increase the scope of notice to neighboring property owners who are entitled to individual notice of a hearing on an application for development under the "Municipal Land Use Law" (MLUL) from 200 feet to up to 400 feet in all directions from the applicant's property.
Additionally, the bill would allow municipalities to require and regulate the posting of signs on property that is subject of an application for development. Under current law, notice to the general public is limited to the publication of a notice in a newspaper of general circulation.
Specifically, the bill would permit a municipality to adopt an ordinance designating a municipal official to post a sign on property that is the subject matter of a development application, notifying the general public that a development application has been filed with regard to the subject property and providing a contact person and telephone number in the municipality.
The bill would permit an applicant to be charged a fee, not to exceed $75, to cover the actual costs of printing and posting the notices required under the bill.
In New York SMSA Limited Partnership d/b/a Verizon Wireless v. Township Council of the Township of Edison, 382 N.J. Super. 541 (App. Div. 2006), the Appellate Division held invalid an Edison Township ordinance that called for these types of enhanced notice requirements because they exceed the notice requirements contained in the MLUL and were not "expressly delegated, fairly implied or reasonably incident to the powers the Legislature conferred" through the MLUL. This bill would expressly authorize municipalities to require applicants to provide these types of enhanced notice in order to better notify surrounding property owners and the community at large of pending applications for development.
