Time Running Out on Time of Decision Rule?

A bill (S-82) to amend the Municipal Land Use Law to change the judicially-created “time of decision” rule has passed the State Senate (27-7).  Passage of the bill is seen as a win for developers as it eviscerates a municipality’s ability to change zoning requirements in response to an application for development.  Critics, including the State League of Municipalities and environmental groups such as the Sierra Club, argue that municipalities should have the ability to update their zoning ordinances following the filing of an application as the zoning may be inconsistent with the municipality’s master plan or the impact of a proposed use or the density of the development may not have been contemplated when the zoning ordinance was originally enacted. 

The focus now moves on to the Assembly, where the lower house is expected to take up the bill (A-437) on Monday, March 15.

While Governor Chris Christie has not publicly expressed his support for the bill, it is expected that the Governor will sign the bill if it passes the Assembly.  The Governor, when questioned about the “time of decision” rule during the 2009 gubernatorial campaign, voiced his support for a legislative change to the current rule and enacted a similar “time of application” standard for agency approval and permits for the State of New Jersey through Executive Order No. 2.