Requires municipal planning boards and zoning boards of adjustment to incorporate recommendations from certain local environmental commissions on applications for development.

A4461

ASSEMBLY, No. 4461

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

saAssemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Scharfenberger

SYNOPSIS

���� Requires municipal planning boards and zoning boards
of adjustment to incorporate recommendations from certain local environmental
commissions on applications for development.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning recommendations provided by certain local environmental
commissions on applications for development, and amending P.L.1975, c.291.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 18 of P.L.1975,
c.291 (40:55D-27) is amended to read as follows:

���� 18.� a.� After the appointment
of a planning board, the mayor may appoint one or more persons as a citizens'
advisory committee to assist or collaborate with the planning board in its
duties, but such person or persons shall have no power to vote or take other
action required of the board.� Such person or persons shall serve at the
pleasure of the mayor.

���� b.��� Whenever the
environmental commission has prepared and submitted to the planning board and
the board of adjustment an index of the natural resources of the municipality,
the planning board or the board of adjustment shall make available to the
environmental commission
[
an
informational
]

a
copy of every application for development submitted to either board.� The
environmental commission may submit recommendations to the planning board or
the board of adjustment on each application for development submitted to either
board.�
The planning board or board of adjustment, as appropriate, shall
review and consider the recommendations submitted, by the environmental
commission, on an application for development that is pending before the respective
board, and, to the extent possible, shall incorporate the environmental
commission�s recommendations into the board�s decision on the application.
�
Failure of the planning board or board of adjustment to make such
[
informational
]
copy
available to the environmental commission shall
[
not
]
invalidate any hearing or
proceeding.

(cf: P.L.1977, c.49, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would require each
municipal planning board or board of adjustment to review and consider recommendations
that are submitted, by the local environmental commission, on any application
for development pending before the respective board, and, to the extent
possible, to incorporate those environmental recommendations into the board�s
decision on the relevant application.� While existing law already authorizes a
local environmental commission to submit such recommendations to these local
boards, in association with each such board�s review of development
applications submitted thereto, the law does not currently require either type
of board to review or consider, or to use, those recommendations in any way.�

���� In addition, this bill would
require the planning board and the board of adjustment to provide a copy,
rather than an informational copy, of every application for development to the
environmental commission.� The bill would also change the current law to
provide that a failure of the planning board or the board of adjustment to
provide a copy of the application for development to the environmental
commission would invalidate any hearing or proceeding.� Current law provides
that the failure to provide a copy of application for development would not
invalidate any hearing or proceeding.