New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A766

Introduced
1/9/24  

Caption

Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

Impact

By preventing the default approval mechanisms from applying during public health emergencies or states of emergency, the bill seeks to give municipal agencies the flexibility needed to navigate challenging conditions. This would allow them to refrain from making hasty decisions regarding land use applications when faced with health risks or operational disruptions. Furthermore, the legislation allows for the suspension of required regular meetings or hearings, thereby enabling municipalities to focus on immediate health and safety concerns without being bound by pre-established procedural requirements.

Summary

Assembly Bill A766 aims to modify certain provisions of the 'Municipal Land Use Law' in New Jersey by explicitly prohibiting default approvals for municipal land use applications during specific emergency circumstances. The bill is particularly relevant in light of the state's experience with the COVID-19 pandemic, where the ability of municipal agencies to process applications and hold regular meetings was significantly challenged. The intent behind this legislation is to enable municipal agencies to have more discretion in periods of declared emergencies, ensuring that urgent public health considerations can take precedence over standard procedural timelines.

Contention

Notably, there may be concerns regarding the implications of this bill on local governance, as it centralizes decision-making powers during emergencies. While supporters may argue that it ensures prompt and appropriate responses to public health needs, opponents might voice fears that it could lead to a lack of accountability and transparency in local governance. Additionally, the retroactive effect of the bill to March 9, 2020, raises interesting legal questions around how past decisions made under the standard laws will be interpreted and managed moving forward.

Companion Bills

NJ S497

Same As Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ A1621

Carry Over Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ S1287

Carry Over Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

Previously Filed As

NJ A1621

Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ S497

Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ S1287

Prohibits default approvals of certain municipal land use applications, and permits municipal agencies to not hold certain required meetings, under emergency circumstances.

NJ A2277

Allows municipality to suspend certain zoning requirements during COVID-19 emergency.

NJ A1366

Permits extension of certain deadlines applicable to local government units under emergency circumstances.

NJ A391

Clarifies notice required to be provided to property taxpayers of a change in interest rate on delinquent property taxes under certain emergency circumstances; permits municipality to extend grace period under certain emergency circumstances.

NJ A455

Clarifies notice required to be provided to property taxpayers of a change in interest rate on delinquent property taxes under certain emergency circumstances; permits municipality to extend grace period under certain emergency circumstances.

NJ A5291

Establishes timeline for municipal application review and requires municipalities to notify Cannabis Regulatory Commission when permitting cannabis businesses to operate in municipality.

NJ A5755

Requires certain municipalities to include certain information concerning beach costs and revenues in municipality's public access plan.

NJ A3981

Subjects certain rooming and boarding houses to municipal land use regulations; requires owners and operators of cooperative sober living residences to submit certain approvals with license applications.

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