Bill Text: NJ A3242 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits State departments and agencies from requiring or considering compliance by municipalities with State Development and Redevelopment Plan in certain circumstances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-09-24 - Introduced, Referred to Assembly Commerce and Economic Development Committee [A3242 Detail]
Download: New_Jersey-2012-A3242-Introduced.html
Sponsored by:
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Prohibits State departments and agencies from requiring or considering compliance by municipalities with State Development and Redevelopment Plan in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the State Development and Redevelopment Plan and amending P.L.1985, c.398.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1985, c.398 (C.52:18A-206) is amended to read as follows:
11. a. The provisions of P.L.1985, c.398 (C.52:18A-196 et al.) shall not be construed to affect the plans and regulations of the Pinelands Commission pursuant to the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), the New Jersey Meadowlands Commission pursuant to the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.), or the Highlands Water Protection and Planning Council pursuant to the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.) for that portion of the Highlands Region lying within the preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3) . The State Planning Commission shall rely on the adopted plans and regulations of these entities in developing the State Development and Redevelopment Plan.
b. The State Planning Commission may adopt, after the enactment date of P.L.1993, c.190 (C.13:19-5.1 et al.), the coastal planning policies of the rules and regulations adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.), the coastal planning policies of the rules and regulations adopted pursuant to subsection b. of section 17 of P.L.1973, c.185 (C.13:19-17) and any coastal planning policies of rules and regulations adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) thereafter as the State Development and Redevelopment Plan for the coastal area as defined in section 4 of P.L.1973, c.185 (C.13:19-4).
c. Notwithstanding the provisions of any other law to the contrary, or any rule or regulation adopted pursuant thereto, a State department or agency, including, but not limited to, the Council on Affordable Housing, the Department of Community Affairs, the Department of Environmental Protection, the Department of Transportation, and the State Planning Commission, shall not:
(1) require a municipality to revise its master plan and development regulations to conform to the goals, requirements, and provisions of the State Development and Redevelopment Plan, as a condition to any approval or decision concerning the municipality or any person in the municipality, including a decision to award a grant or loan, concerning the amount of a grant or loan, whether to provide aid or assistance, to grant or deny a permit, or concerning the terms or conditions of a permit; or
(2) consider a municipality's conformance or lack of conformance with the State Development and Redevelopment Plan as a factor in any approval or decision concerning the municipality or any person in the municipality, including a decision to award a grant or loan, concerning the amount of a grant or loan, whether to provide aid or assistance, to grant or deny a permit, or concerning the terms or conditions of a permit.
(cf: P.L.2004, c.120, s.72)
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit any State department or agency from requiring that a municipality revise its master plan and development regulations to conform to the goals, requirements, and provisions of the State Development and Redevelopment Plan, as a condition to any approval or decision concerning the municipality or any person in the municipality, including a decision to award a grant or loan, a decision concerning the amount of a grant or loan, whether to provide aid or assistance, to grant or deny a permit, or concerning the terms or conditions of a permit. Similarly, the bill also provides that a municipality's conformance or lack of conformance with the State Development and Redevelopment Plan shall not be considered by a State department or agency as a factor in any approval or decision concerning the municipality or any person in the municipality, including a decision to award a grant or loan, concerning the amount of a grant or loan, whether to provide aid or assistance, to grant or deny a permit, or concerning the terms or conditions of a permit.
The "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.), originally intended that the State Development and Redevelopment Plan only serve as an advisory document to assist the State and its political subdivisions in planning for the future. This bill would ensure that the original intent of the law is followed by prohibiting State departments and agencies from using municipal compliance with the State Development and Redevelopment Plan as a factor in permitting and funding determinations.
