New Jersey Zoning Watch

Just a reminder to those municipal elected officials, land use board members, professional planners and zoning officers (as well as the private developers) who may have forgotten about a change in municipal land use law passed almost 10 months ago — the “time of application” rule becomes effective one year after its adoption.  As it was signed into law on May 5, 2010, it becomes effective May 2011. 

Some have questioned whether the law applies to applications filed and deemed administratively “complete” or if it simply is the mere filing of the application for development that grandfathers the existing zoning.  Based upon the fact that the language of the new law speaks in terms of “submission of an application for development,” it appears that the time of filing, not the determination of completeness, will control. 

Nevertheless, one question that may ultimately need to be decided by an appellate court is what constitutes a “submission”?  In other words, if the application for development is so deficient that it appears clear that it was filed solely for the purpose to circumvent contemplated zoning changes, will a court create an exception to the rule?

The complete language of the new section of the law is below:

N.J.S.A. 40:55D-10.5 Developmental regulations, certain, govern review of application.

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.

 Approved May 5, 2010.