By Andy Norin, Esq. and Scott Hovanyetz, Esq.
On January 17, 2012, Governor Christie signed into law Senate Bill No. 3156 (S3156), which extends the effective period of existing sewer service areas. This should provide some relief to developers concerned about the possible withdrawal of sewer service areas in places where wastewater management planning agencies have failed to comply with the deadline to submit wastewater management plans (WMPs) to the State Department of Environmental Protection (DEP). The bill also allows for site specific amendments and revisions to WMPs and Water Quality Management Plans pending DEP approval of new WMPs.
Wastewater Management Plans govern where new sanitary sewer lines can be built. For a sewer line to be extended to a particular property, the property must be included within the sewer service area in the WMP. Properties that fall outside the sewer service area can only be served by septic systems. » Read the rest of this entry «
The New Jersey Senate and Assembly recently passed a bill (S-58: A-437) that overrides the “time of decision rule,” which has governed decision making under the Municipal Land Use Law for decades.
Under current law, a planning board or zoning board of adjustment applies the law in effect at the time it renders its decision, rather than the law in effect when the issues were initially presented. A municipal governing body can amend its zoning ordinance after an application for development has been filed with a land use board, even in direct response to the application, and the land use board decides the matter based upon the amended ordinance.
Under the new bill, a land use board would be required to make its decision on an application for development in accordance with the development regulations (zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land) that are in effect on the date the application for development is submitted. The bill also exempts an application for development from changes made to ordinances other than development regulations, except for those relating to health and public safety, that are adopted after the application for development is submitted. » Read the rest of this entry «