New Jersey Assembly Bill A1621

New Jersey 2022-2023 Regular Session

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

Caption

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

Impact

The proposed legislation aims to give municipalities more control over their decision-making processes during emergencies. By removing the obligation for default approvals, it empowers local agencies to conduct thorough reviews of land use applications without the pressure of automatic approval due to inaction caused by emergency situations. The bill is retroactive to March 9, 2020, which aligns it with the timeline of the COVID-19 pandemic, thus addressing issues that arose during that period when many public meetings were suspended or canceled.

Summary

Assembly Bill A1621 seeks to amend the existing Municipal Land Use Law by prohibiting default approvals of certain municipal land use applications during declared public health emergencies or states of emergency. The bill specifically states that municipal agencies will not be bound by the default approval provisions under the Municipal Land Use Law if they are unable to grant or deny approvals within the designated timeframe due to such emergencies. This change is aimed at providing local authorities with greater flexibility in managing land use applications during crises.

Contention

While proponents argue that the bill enhances local governance and allows municipalities to respond more effectively to unique challenges posed by emergencies, critics might contend that it could delay necessary developments and hinder economic recovery efforts post-crisis. Additionally, concerns may arise regarding transparency and community engagement if municipalities opt not to hold regular meetings or hearings. This aspect of the bill could lead to tensions between local governments and community members who feel excluded from the decision-making process.