Bill > S532

Introduced Session

This bill amends the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.), to (1) clarify municipal planning or zoning authority, and (2) provide an exemption from the Highlands permitting review program for certain development along commercial corridors in the Highlands Region. Specifically, this bill provides that, notwithstanding any provision of the "Highlands Water Protection and Planning Act," or any regional master plan, or rule or regulation adopted pursuant thereto, to the contrary, a municipality or county would not be denied conformance approval or be deemed to have taken an action inconsistent with the regional master plan if the municipality or county is exercising its planning or zoning authority for property located within a commercial corridor in a manner inconsistent with the regional master plan. In addition, the bill amends the "Highlands Water Protection and Planning Act" to add a new exemption for the construction or reconstruction of commercial or industrial development within a commercial corridor. This construction or reconstruction would be exempt from the provisions of the "Highlands Water Protection and Planning Act," the regional master plan, any rules or regulations adopted by the Department of Environmental Protection pursuant thereto, or any amendments to a master plan, development regulations, or other regulations adopted by a local government unit to specifically conform them with the regional master plan. The bill defines a "commercial corridor" as the land area with frontage on a State, county, or rail thoroughfare in the Highlands Region zoned for commercial or industrial use as of August 10, 2004, i.e., the effective date of the "Highlands Water Protection and Planning Act," or, subsequent to that date, the land area along such a thoroughfare that is deemed by a municipal planning board and governing body of a municipality to be necessary for commercial or industrial use for the economic viability of that municipality. This bill is meant to encourage reasonable and necessary economic growth in the Highlands Region as set forth in the findings and declarations section of the "Highlands Water Protection and Planning Act" that "it is important to ensure the economic viability of communities throughout the New Jersey Highlands; and that residential, commercial, and industrial development, redevelopment, and economic growth in certain appropriate areas of the New Jersey Highlands are also in the best interests of all the citizens of the State, providing innumerable social, cultural, and economic benefits and opportunities." This bill would further these findings and declarations by providing that commercial corridors along well-traveled thoroughfares are appropriate areas for economic development in the Highlands Region.

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Michael Doherty (R)*,  Steven Oroho (R)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2018)