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S3657
SENATE, No. 3657
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Senator� ANTHONY M. BUCCO
District 25 (Morris and Passaic)
SYNOPSIS
���� Revises notice requirements for certain local land
use hearings to at least 21 days.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning notice requirements for certain local land
use hearings and amending various parts of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.40:49-6 is amended
to read as follows:
���� 40:49-6. Every ordinance
providing for local improvements authorized by articles one and two of chapter
fifty-six of this Title (s. 40:56-1 et seq.), or providing� that all or a part
of the cost of any work, acquisition of property, or� improvement shall be
assessed upon abutting land or lands specially benefited thereby (except
sidewalks); or providing for the establishment or change of� grade, or the
vacation of any street, highway, lane or alley or portion thereof, or the
vacation, as hereinafter defined, of any square, place or park, or any portion
thereof, dedicated to the public, but which has not been� accepted or opened by
the municipality, shall be published in the manner required by section 40:49-2
of article two of this chapter, except that every
[
such
]
ordinance after being introduced
and having passed a first reading shall be published at least once not less
than ten days instead of one week prior to the time fixed for further
consideration for final passage.
���� At least
[
one week
]
21 days
prior to
[
such
]
the
time fixed for further consideration for final passage of such ordinance, a
copy thereof, together with a notice of the introduction thereof, and the time
and place when and where the ordinance will be further considered for final
passage, shall be mailed to every person whose lands may be affected by the
ordinance or any assessment which may be made in pursuance thereof, so far as
the same may be ascertained, directed to his last known post-office address.
���� The owner of any lands may
file with the clerk of the municipality, or other official designated by the
governing body by resolution or ordinance, a list of� lands owned by him with a
post-office address to which notice shall be directed.
���� Failure to mail the notice
herein provided for shall not invalidate any ordinance, proceeding
,
or
assessment.
(cf: P.L.1945, c.292, s.1)
���� 2.��� Section 7.1 of P.L.1975,
c.291 (C.40:55D-12) is amended to read as follows:
���� 7.1. Notice pursuant to
subsections a., b., d., e., f., g. and h. of this section shall be given by the
applicant unless a particular municipal officer is so designated by ordinance;
provided that nothing contained herein shall prevent the applicant from giving
such notice if he so desires.� Notice pursuant to subsections a., b., d., e.,
f., g. and h. of this section shall be given at least
[
10
]
21
days prior to the date of the hearing.
���� a.���� Public notice of a
hearing shall be given for an extension of approvals for five or more years
under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and
subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification
or elimination of a significant condition or conditions in a memorializing
resolution in any situation wherein the application for development for which
the memorializing resolution is proposed for adoption required public notice,
and for any other applications for development, with the following exceptions:�
(1) conventional site plan review pursuant to section 34 of P.L.1975, c.291
(C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291
(C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291
(C.40:55D-50); notwithstanding the foregoing, the governing body may by
ordinance require public notice for such categories of site plan review as may
be specified by ordinance, for appeals of determinations of administrative officers
pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and
for requests for interpretation pursuant to subsection b. of section 57 of
P.L.1975, c.291 (C.40:55D-70).� Public notice shall also be given in the event
that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291
(C.40:55D-60 or C.40:55D-76) as part of an application for development
otherwise excepted herein from public notice.
���� In addition, public notice
shall be given by a public entity seeking to erect an outdoor advertising sign
on land owned or controlled by a public entity as required pursuant to section
22 of P.L.1975, c.291 (C.40:55D-31) or, if so provided by ordinance adopted
pursuant to subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by
a private entity seeking to erect an outdoor advertising sign on public land or
on land owned by a private entity.
���� Public notice shall be given
by publication in the official newspaper of the municipality, if there be one,
or in a newspaper of general circulation in the municipality.
���� b.��� Except as provided in
paragraph (2) of subsection h. of this section, notice of a hearing requiring
public notice pursuant to subsection a. of this section shall be given to the
owners of all real property as shown on the current tax duplicates, located in
the State and within 200 feet in all directions of the property which is the
subject of such hearing; provided that this requirement shall be deemed
satisfied by notice to the (1) condominium association, in the case of any unit
owner whose unit has a unit above or below it, or (2) horizontal property
regime, in the case of any co-owner whose apartment has an apartment above or
below it.� Notice shall be given by: (1) serving a copy thereof on the property
owner as shown on the said current tax duplicate, or his agent in charge of the
property, or (2) mailing a copy thereof by certified mail to the property owner
at his address as shown on the said current tax duplicate.
���� Notice to a partnership owner
may be made by service upon any partner.� Notice to a corporate owner may be
made by service upon its president, a vice president, secretary or other person
authorized by appointment or by law to accept service on behalf of the
corporation.� Notice to a condominium association, horizontal property regime,
community trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners, or homeowners on account of such
common elements or areas.
���� c.���� Upon the written
request of an applicant, the administrative officer of a municipality shall,
within seven days, make and certify a list from said current tax duplicates of
names and addresses of owners to whom the applicant is required to give notice
pursuant to subsection b. of this section.� In addition, the administrative
officer shall include on the list the names, addresses and positions of those
persons who, not less than seven days prior to the date on which the applicant
requested the list, have registered to receive notice pursuant to subsection h.
of this section.� The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner, to any public
utility, cable television company, or local utility or to any military facility
commander not on the list shall not invalidate any hearing or proceeding.� A
sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be
charged for such list.
���� d.��� Notice of hearings on
applications for development involving property located within 200 feet of an
adjoining municipality shall be given by personal service or certified mail to
the clerk of such municipality.
���� e.���� Notice shall be given
by personal service or certified mail to the county planning board of a hearing
on an application for development of property adjacent to an existing county
road or proposed road shown on the official county map or on the county master
plan, adjoining other county land or situated within 200 feet of a municipal
boundary.
���� f.���� Notice shall be given
by personal service or certified mail to the Commissioner of Transportation of
a hearing on an application for development of property adjacent to a State
highway.
���� g.��� Notice shall be given by
personal service or certified mail to the State Planning Commission of a
hearing on an application for development of property which exceeds 150 acres
or 500 dwelling units.� The notice shall include a copy of any maps or documents
required to be on file with the municipal clerk pursuant to subsection b. of
section 6 of P.L.1975, c.291 (C.40:55D-10).
���� h.��� Notice of hearings on
applications for approval of a major subdivision or a site plan not defined as
a minor site plan under this act requiring public notice pursuant to subsection
a. of this section shall be given: (1) in the case of a public utility, cable
television company or local utility which possesses a right-of-way or easement
within the municipality and which has registered with the municipality in
accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (i) serving a
copy of the notice on the person whose name appears on the registration form on
behalf of the public utility, cable television company or local utility or (ii)
mailing a copy thereof by certified mail to the person whose name appears on
the registration form at the address shown on that form; (2) in the case of a
military facility which has registered with the municipality and which is
situated within 3,000 feet in all directions of the property which is the
subject of the hearing, by (i) serving a copy of the notice on the military
facility commander whose name appears on the registration form or (ii) mailing
a copy thereof by certified mail to the military facility commander at the
address shown on that form.
���� i.���� The applicant shall
file an affidavit of proof of service with the municipal agency holding the
hearing on the application for development in the event that the applicant is
required to give notice pursuant to this section.
���� j.���� Notice pursuant to
subsections d., e., f., g. and h. of this section shall not be deemed to be
required, unless public notice pursuant to subsection a. and notice pursuant to
subsection b. of this section are required.
(cf: P.L.2005, c.41, s.3)
���� 3.��� Section 7.2 of P.L.1975,
c.291 (C.40:55D-13) is amended to read as follows:
���� 7.2. Notice concerning master
plan.� The planning board shall give
���� (1)�� Public notice of a
hearing on adoption, revision
.
or amendment of the master plan;
[
such
]
the
notice shall be given by publication in the official newspaper of the
municipality, if there be one, or in a newspaper of general circulation in the
municipality at least
[
10
]
21
days prior to the date of the hearing;
���� (2)�� Notice by personal
service or certified mail to the clerk of an adjoining municipality of all
hearings on adoption, revision
,
or amendment of a master plan involving
property situated within 200 feet of such adjoining municipality at least
[
10
]
21
days prior to the date of any such hearing;
���� (3)�� Notice by personal
service or certified mail to the Office of Planning Advocacy and to the county
planning board in which the municipality is situated, of (a) all hearings on
the adoption, revision
,
or amendment of the municipal master plan at
least
[
10
]
21
days prior to the date of the hearing;
[
such
]
the
notice shall include a copy of any
[
such
]
proposed
master plan, or any revision or amendment thereto; and (b) the adoption,
revision or amendment of the master plan not more than 30 days after the date
of
[
such
]
the
adoption, revision or amendment;
[
such
]
the
notice shall include a copy of the master plan or revision or amendment
thereto;
���� (4)�� Notice by personal
service or certified mail to the military facility commander of a military
facility which has registered with the municipality pursuant to section 1 of
P.L.2005, c.41 (C.40:55D-12.4) of (a) all hearings on the adoption, revision,
or amendment of the municipal master plan at least
[
10
]
21
days prior to the date
of the hearing;
[
such
]
the
notice shall include a copy of any such proposed master plan, or any revision
or amendment thereto; and (b) the adoption, revision, or amendment of the
master plan not more than 30 days after the date of
[
such
]
the
adoption, revision,
or amendment;
[
such
]
the
notice shall include a copy of the master plan or revision or amendment
thereto.
(cf: P.L.2016, c.21, s.3)
���� 4.��� Section 7.4 of P.L.1975,
c.291 (C.40:55D-15) is amended to read as follows:
���� 7.4. a. Notice by personal
service, certified mail, or e-mail with confirmation that the e-mail was
delivered, shall be made to the clerk of an adjoining municipality of all
hearings on the adoption, revision or amendment of a development regulation
involving property situated within 200 feet of such adjoining municipality at
least
[
10
]
21
days prior to the date of any
[
such
]
hearing.
���� b.��� Notice by personal
service, certified mail, or e-mail with confirmation that the e-mail was
delivered, shall be made to the county planning board of (1) all hearings on
the adoption, revision or amendment of any development regulation at least
[
10
]
21
days prior to the date of the hearing, and (2) the adoption, revision or
amendment of the municipal capital improvement program or municipal official
map not more than 30 days after the date of such adoption, revision or
amendment.� Any notice provided hereunder shall include a copy of the proposed
development regulation, the municipal official map or the municipal capital
program, or any proposed revision or amendment thereto, as the case may be.
���� Notice of hearings to be held
pursuant to this section shall state the date, time
,
and place of the
hearing and the nature of the matters to be considered.� Any notice by
certified mail or e-mail pursuant to this section shall be deemed complete upon
mailing or when e-mailing, upon confirmation that the e-mail was delivered, as
appropriate.
���� For the purposes of this
section, proof that an e-mail was sent to the correct e-mail address within the
required time frame shall.constitute a rebuttable presumption of confirmation
that the e-mail was delivered.
(cf: P.L.2015, c.207, s.1)
���� 5.��� Section 2 of P.L.1995,
c.249 (C.40:55D-62.1) is amended to read as follows:�
���� 2.��� Notice of a hearing on
an amendment to the zoning ordinance proposing a change to the classification
or boundaries of a zoning district, exclusive of classification or boundary
changes recommended in a periodic general reexamination of the master plan by
the planning board pursuant to section 76 of P.L.1975, c.291 (C.40:55D-89),
shall be given at least
[
10
]
21
days prior to the hearing by the municipal clerk to the owners of all real
property as shown on the current tax duplicates, located, in the case of a
classification change, within the district and within the State within 200 feet
in all directions of the boundaries of the district, and located, in the case
of a boundary change, in the State within 200 feet in all directions of the
proposed new boundaries of the district which is the subject of the hearing.
���� In addition, the municipal
clerk shall provide notice of a hearing on an amendment to the zoning ordinance
proposing a change to the classification or boundaries of a zoning district,
exclusive of classification or boundary changes recommended in a periodic
general reexamination of the master plan, to the Office of Planning Advocacy,
and to any military facility commander who has registered with the municipality
pursuant to section 1 of P.L.2005, c.41 (C.40:55D-12.4), at least
[
10
]
21
days prior to the hearing, by personal service or certified mail.
���� A notice pursuant to this
section shall state the date, time
,
and place of the hearing, the nature
of the matter to be considered and an identification of the affected zoning
districts and proposed boundary changes, if any, by street names, common names
or other identifiable landmarks, and by reference to lot and block numbers as
shown on the current tax duplicate in the municipal tax assessor's office.
���� Notice shall be given to a
property owner by: (1) serving a copy thereof on the property owner as shown on
the said current tax duplicate, or
[
his
]
the
property owner�s
agent in charge of the property
[
,
]
;
or (2) mailing a copy
thereof by certified mail and regular mail to the property owner at
[
his
]
the
property owner�s
address as shown on the
[
said
]
current tax
duplicate.
���� Notice to a partnership owner
may be made by service upon any partner.� Notice to a corporate owner may be
made by service upon its president, a vice president, secretary
,
or
other person authorized by appointment or by law to accept service on behalf of
the corporation.� Notice to a condominium association, horizontal property
regime, community trust
,
or homeowners' association, because of its
ownership of common elements or areas located within 200 feet of the boundaries
of the district which is the subject of the hearing, may be made in the same
manner as to a corporation, in addition to notice to unit owners, co-owners, or
homeowners on account of
[
such
]
the
common elements or areas.
���� The municipal clerk shall
execute affidavits of proof of service of the notices required by this section,
and shall keep the affidavits on file along with the proof of publication of
the notice of the required public hearing on the proposed zoning ordinance
change.� Costs of the notice provision shall be the responsibility of the
proponent of the amendment.
(cf: P.L.2016, c.21, s.5)
���� 6.��� This act shall take
effect immediately.
STATEMENT
���� This bill increases the notice
requirements for hearings concerning certain local land use hearings from 10
days to 21 days.� This bill also increases the notice requirements for certain
ordinance hearings that are required to be mailed to 21 days.