New Jersey Assembly Bill A1307

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Modifies requirements for preliminary site plans and subdivisions under Municipal Land Use Law.

Impact

One significant change introduced by A1307 is the expansion of the time frame within which planning boards must grant or deny final approvals from 45 days to 95 days following a complete application. Furthermore, the bill allows for greater flexibility in the changes a developer can make without requiring a new preliminary approval application, and it permits the simultaneous submission of applications for preliminary and final approvals. This is intended to streamline the approval process and provide developers with better protections against changes to the terms of their approvals during the planning process.

Summary

Assembly Bill A1307 amends the Municipal Land Use Law (MLUL) to clarify and modify the requirements for obtaining preliminary approvals for site plans and subdivisions. The main goal of the bill is to delineate the criteria for preliminary and final approvals within the two-step process originally established by the MLUL, thereby minimizing unnecessary costs for developers at the preliminary stage when submitting detailed plans and specifications. This aims to facilitate smoother interactions between developers and planning boards and allows developers to more readily incorporate feedback from the public and planning authorities into their proposals.

Contention

The bill also brings about notable concerns regarding the local governance of land use planning. Critics may argue that by simplifying the requirements for preliminary approvals, the bill could lead to diminished scrutiny of developments at the preliminary stage. This might enable developers to secure approvals for less publicly acceptable projects initially, potentially increasing friction with community stakeholders. Additionally, the provisions regarding variances and the deferral of certain requests until final approval may raise concerns about the thoroughness of environmental and community impact assessments being conducted at the preliminary approval phase.