“Time of Decision” Bill Up For Senate Committee Consideration on Feb. 4
Posted by Phil Morin on January 30, 2010
On Thursday, February 4, the Senate Community and Urban Affairs Committee will consider S-82, which, if ultimately enacted, will eliminate the “time of decision” rule in land development applications. The “time of decision” rule is a legal doctrine which requires that land use boards and courts apply the ordinances in place at the time a decision is rendered, as opposed to the law in place at the time an application is filed. The State League of Municipalities has argued that such an amendment to the Municipal Land Use Law will eviscerate a governing body’s ability to correct “errors” or gaps in local land development ordinances. Developers contend that they should be protected against changes to land development ordinances after spending significant amounts of resources in preparing applications according to established critera only to have a municipality change the rules in the middle of the process, usually after opposition from residents in close proximity to the proposed development.
The full text of the bill is below:
1. Notwithstanding any provision of law to the contrary, those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development and any decision made with regard to that application for development. Any provisions of an ordinance, except those relating to health and public safety, that are adopted subsequent to the date of submission of an application for development, shall not be applicable to that application for development.
2. This act shall take effect one year next following enactment.
STATEMENT
This bill requires that those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development and any decision made with regard to that application for development. Any provisions of an ordinance, except those relating to health and public safety, that are adopted subsequent to the date of submission of an application for development, shall not be applicable to that application for development.
The League is encouraging municipal bodies to oppose this legislation and has prepared a model resolution for governing bodies to consider. The League has also encouraged local elected officials to contact the members of the Senate Committee.
For the Assembly version of the bill (A-437), click here.
Time of Decision Bill Up For Senate Vote on March 11 « New Jersey Zoning Watch said
[...] on the “Time of Decision” bill, S-82, at its session on Thursday, March 11. As noted in an earlier post, the “time of decision” is a judicially-created rule which holds that land use boards [...]