Governor Christie Signs “Time of Application” Legislation

Hamilton, NJ – Today, Governor Chris Christie enacted S-82, better-known as the “Time of Application” bill, by signing it into law. Having received strong support in both the State Senate and Assembly, and the endorsement of New Jersey’s business community, enactment of this legislation will help improve business, investment and employment opportunities throughout New Jersey. Simply put, this law provides that development applications must be held to the standards that are in place at the time such applications are made.

“Governor Christie’s actions today will help correct the current practice of reactionary zoning and irrational land use planning in New Jersey. Such practices were arbitrary and irresponsible; they perpetuated inefficiency, leaving businesses, investors, employers and taxpayers holding the bag,” said Tom Critelli, President of the New Jersey Builders Association. “Thankfully, the Legislature and the Governor recognized that such practices flew in the face of common sense principles and responsible land use planning practices. We applaud their leadership in righting this wrong and enacting this critical piece of legislation for the benefit of all New Jerseyans.”

Currently, an application process that should take mere months to finalize, regularly takes up to five years and hundreds of thousands – if not millions – of dollars to complete in New Jersey. Proponents of this legislation rightfully argued that such practices are an abuse of power, and an unnecessary waste of time and money. The superfluous costs that are inherent in the current, inefficient process are ultimately borne by taxpayers and consumers, alike, increasing housing costs at a time when we can all ill-afford it.

Each municipality creates and implements its own master plan. This law and its supporters simply assert that whatever regulations are in place at the time when an application for development is submitted should govern the review of that application and any decision made with regard thereto. As property owners, we each deserve a reasonable expectation of reliance on the municipal master plan and local ordinances, and predictability with respect to their implementation. That’s both fair play and good common sense.

“Clearly, we needed to find a better and more efficient way of conducting business in New Jersey before such opportunities picked-up and left for our neighboring states where the process is more efficient, transparent, and offers greater predictability,” said Critelli. “This law will restore fairness, predictability and equity to the municipal land use approval process without hindering a municipality’s ability to engage in sound land use planning or impacting public health and safety.”

What this law does: This law’s enactment will help put New Jersey on par with states that currently have such common sense provisions in place, including nearby Pennsylvania and Connecticut, in addition to numerous other states across the country. Thankfully, and as a result of the enactment of this law, New Jersey will no longer lack this competitive edge at a time when economic growth is sorely needed.

What this law does not do: The law does not take effect until May 5, 2011, providing municipalities ample time to review their master plans and adopt corrective ordinances, as necessary. The law provides that any ordinance changes necessary for the protection of public health and safety shall apply to pending applications. Furthermore, nothing about this law precludes towns from changing ordinances during the six year interval between the adoption of their master plans; it simply corrects inequities in the current municipal land use process and instills greater common sense practices.

Critelli concluded, “Today, Governor Christie, with the support of the Legislature and the business and investment communities, has helped level the playing field, provide greater predictability, and ensure New Jersey’s path to economic recovery through enactment of this law.”