Bill > S3114

Introduced Session

This bill would professionalize the positions of zoning officer and land use board administrator by establishing a certification program for the positions. A zoning officer is defined in the bill as the designated administrative officer in the Municipal Land Use Law authorized to issue permits, certificates, or authorizations under that statute. The land-use development process in New Jersey is extremely complicated as governed by the Municipal Land Use Law and a myriad of other local laws and State statutes. However, currently, an individual may assume the position of zoning officer or land use board administrator in a municipality without any background or experience. This absence of threshold requirements for these important municipal positions stands in stark contrast to other essential municipal positions, such as municipal clerk, municipal finance officer, tax assessor, tax collector, construction code official and subcode officials, registrar, and public works manager, where State certifications are required. In addition, in some circumstances, individuals assume responsibilities in more than one municipality, resulting in potential conflicts that make it difficult or impossible for the individual to satisfactorily perform duties in multiple employments. By establishing minimum qualifications for employment as a zoning officer or land use board administrator and by subjecting those seeking multiple employments to independent scrutiny and control, the municipalities and residents of this State will be better served. The bill will benefit both an applicant and the municipality by ensuring that the officers responsible for managing land-use development have the skills, knowledge and time necessary to effectively implement local zoning and development ordinances. The end result will be a more predictable and reliable process Statewide. Under the bill, after a transition period of at least two years, a person would not be appointed, reappointed, or continue to serve as a zoning officer, or land use board administrator, unless that person has been issued a zoning officer or land use board administrator certificate by the Department of Community Affairs. The Commissioner of Community Affairs would be required to establish a certification program for zoning officers and land use board administrators within six months of the effective date of the bill. The bill would establish minimum standards for applicants seeking certification, including: at least 21 years of age, United States Citizenship, good moral character, and a high school diploma or its equivalent. An application for certification would also have to demonstrate completion of at least two years of education at a college of recognized standing, or in lieu thereof, relevant work experience, as well as completion of a course of study in planning and zoning administration and enforcement. The bill would also allow the commissioner to establish additional requirements for certification that the commissioner determines to be reasonable and appropriate to further the professionalism of the positions of zoning officer and land use board administrator. The bill provides that the commissioner would establish standards for curriculum and administration of the course of study in planning and zoning administration and in conjunction with the New Jersey Association of Planning and Zoning Administrators, the New Jersey Planning Officials, the New Jersey State League of Municipalities, and the Center for Government Services at Rutgers, the State University of New Jersey. Certification would require at least 40 hours of instruction designed to prepare an individual to perform the duties of a zoning officer and at least 30 hours of instruction designed to prepare an individual to perform the duties of land use board administrator, including coursework on:· The technical knowledge and skills necessary to for effective interpretation and enforcement of municipal zoning ordinances and applications for development;· The Municipal Land Use Law;· The content and structure of zoning ordinances;· The content and structure of master plans;· Site plan and subdivision review, including technical aspects of plan review, administrative processing requirements, planning and engineering terminology;· Ethical obligations;· Record keeping and requirements for public access to records; and· For the zoning officer, practical issues, including enforcement actions, conducting site inspections and compliance options. At the completion of each course, examinations would be administered to determine if the enrollee has attained a satisfactory level of knowledge. At the completion of the course of study, certificate candidates would be required to take and pass a State exam. Zoning officer and land use board administrator certificates would be valid for three years from the date of issuance, and could be renewed for additional three-year periods if the applicant complies with continuing education requirements. Applicants for certifications and for renewals would pay a $50 fee. The bill will also require the Commissioner of Community Affairs to maintain a registry of zoning officer and land use board administrator certificate holders and make access to the registry available on the Department of Community Affairs website. The bill would prohibit a person from accepting an appointment or reappointment as a zoning officer or land use board administrator without first notifying the commissioner of the appointment or reappointment. If the prospective appointee serves as a zoning officer or land use board administrator in any other municipality or also serves as a construction official or subcode official in the appointing municipality or in any other municipality, the appointee would be required to notify the commissioner of the terms, conditions, and duties associated with each appointment. The commissioner would be empowered to determine that an individual is unable to fulfill the terms, conditions, and duties of the municipal employments. The commissioner would be authorized to enter into discussions and agreements with the employing municipalities and the individual in order to ensure that the employment of a zoning officer does not result in understaffing in a municipality due to competing obligations of the individual. The bill would empower the commissioner to revoke or suspend a zoning officer or land use board administrator certificate, after due notice and a proper hearing, if the holder thereof engaged in dishonest practices, or willful or intentional failure, neglect, or refusal to comply with the Constitution of the State of New Jersey or laws relating to the duties of the zoning officer or land use board administrator, or for other good cause. If a zoning officer certificate or land use board administrator certificate is revoked, the person would be removed from office by the commissioner, the office would be declared vacant, and the person would not be eligible to hold that office, nor make application for recertification, for a period of five years from the date of revocation. The bill does not impact or override civil service requirements and procedures, nor does it supersede the appointing authority of municipalities for the positions of zoning officer and land use board administrator.

Committee Categories

Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 04/15/2024)

Official Document