New Jersey Assembly Bill A3255

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Designated the Equitable Disclosure Act of 2010, modifies provisions of MLUL concerning objectors to applications for development.

Impact

This legislation specifically seeks to address issues where economic competitors have abused the MLUL to delay development approvals without legitimate land use objections. For instance, the bill aims to clarify the definition of 'interested party' in a manner that excludes competition as a primary reason for standing while ensuring that competitors can still present legitimate land use concerns. Furthermore, it seeks to impose strict disclosure requirements on objectors, which parallels those imposed on applicants, to prevent covert operations designed to sabotage development projects.

Summary

Assembly Bill A3255, also known as the Equitable Disclosure Act of 2010, proposes significant modifications to the Municipal Land Use Law (MLUL) concerning the processes for objectors and applicants in land use development applications. The main aim of the bill is to ensure that land use boards receive full disclosure from both applicants and objectors, thereby enhancing transparency and maintaining due process rights. In essence, the bill aligns the rules for both parties, which is posited to level the playing field in the land use approval and appeals process.

Contention

Despite these intentions, the bill has faced criticism as some commentators argue that it may effectively marginalize legitimate community concerns regarding new developments. Critics worry that the expanded definition of what constitutes an 'interested party' and the stringent disclosure requirements may disenfranchise local residents from participating meaningfully in the land use process. Supporters, however, contend that the proposed measures will reduce unnecessary delays, thereby fostering economic growth and ensuring more efficient land use planning.

Enforcement

The bill also grants courts the discretion to award attorney's fees for frivolous cases and mandates that all participants must conform to disclosure laws to gain standing in court proceedings. This includes any person or organization wishing to object to an application for development, thus helping to deter any attempts to contest approvals that lack merit. A notable provision is that municipalities will retain jurisdiction over approvals, ensuring that applications can proceed even if appeals are filed, unless a court issues a stay.