Establishes certification program for zoning officers and land use board administrators.

S4490

SENATE, No. 4490

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 22, 2026

Sponsored by:

Senator� NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Establishes certification program for zoning officers
and land use board administrators.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the education and oversight of zoning
officers and land use board administrators and supplementing and amending P.L.1975,
c.291.

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

���� 1.��� (New section)� a.�
Commencing January 1 next following the second anniversary of the effective
date of P.L.��� , c��� (C.������� ) (pending before the Legislature as this
bill), a person shall not be appointed, reappointed, or permitted to continue
employment as a zoning officer or land use board administrator unless that
person holds a zoning officer certificate or land use board administrator
certificate, as applicable, issued by the Department of Community Affairs
pursuant to P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).

���� b.��� As a condition of
continued employment after January next following the second anniversary of the
effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill), a person serving as a zoning officer or
land use board administrator on that date shall have been issued a zoning
officer or land use board administrator certificate.

���� c.���� Whenever a vacancy
occurs in the position of zoning officer or land use board administrator by
reason of the departure of a certified zoning officer or certified land use
board administrator, the governing body or chief executive of a municipality,
as appropriate, may appoint a person who does not hold a zoning officer
certificate or land use board administrator certificate to serve as acting
zoning officer or acting land use board administrator for a period not to
exceed one year from the date of the vacancy.� Any person so appointed may,
with the approval of the Commissioner of Community Affairs, be reappointed as
acting zoning officer or acting land use board administrator for one additional
year following the termination of the temporary appointment.� Time served as
acting zoning officer or acting land use board administrator may be credited
toward the experience authorized as a substitute for the college education
requirement set forth in section 2 of P.L.��� , c.��� (C.������ ) (pending
before the Legislature as this bill).

���� d.��� As used in P.L.��� ,
c��� (C.������� ) (pending before the Legislature as this bill):

���� �Zoning officer� means an
administrative officer authorized to issue permits, certificates, or
authorizations pursuant to section 9 of P.L.1975, c.291 (C.40:55D-18).

���� �Land use board administrator�
means the administrative official who is appointed by, and serves at the
pleasure of, the zoning board of adjustment, notwithstanding possible
employment by the municipality in other positions or functions, and whose basic
role is to assist and advise property owners, developers, and other interested
persons in the practices and procedures of the land use board, to maintain the
records of the board, its calendar, and public agendas, and to draft minutes of
the board�s meetings. �Land use board administrator� shall include the
administrative secretary of a municipal planning board and zoning board of
adjustment.

���� 2.��� (New section)� a.� The
Commissioner of Community Affairs shall establish a certification program for
zoning officers and land use board administrators within six months of the
effective date of P.L.��� , c.��� (C.������ ) (pending before the Legislature as
this bill).

���� b.��� An applicant for a
zoning officer certificate or land use board administrator certificate shall
present to the commissioner a written application, on a form provided by the
Department of Community Affairs, showing that the applicant is not less than 21
years of age, is a citizen of the United States, is of good moral character,
has obtained a certificate or diploma issued after at least four years of study
in an approved secondary school or has received an academic education
considered and accepted by the Department of Education as fully equivalent, has
completed the course of study in planning and zoning administration and
enforcement required in subsection c. of this section, and has completed at
least two years of education at a college of recognized standing.� For the
purposes of this section, 30 college credits shall be considered equivalent to
one year of college. The commissioner may allow an applicant who does not meet
the two-year college requirement to substitute, on a year for year basis, full-time
experience or the equivalent part-time experience in a position involving
municipal land use, planning, and zoning.� The commissioner, by rule and
regulation, may establish additional requirements for certification that the
commissioner determines to be reasonable and appropriate to further the
professionalism of the position of zoning officer and land use board
administrator.� Each completed application shall be accompanied by a fee in the
amount of $50 payable to the State Treasurer.

���� c.���� (1)���� A condition for
issuance of a zoning officer certificate or land use board administrator
certificate shall include satisfactory completion of a course of study in
planning and zoning administration or zoning enforcement.� The commissioner
shall work in conjunction with a Land Use Education Advisory Board comprised of
representatives from the New Jersey Association of Planning and Zoning
Administrators, the New Jersey Planning Officials, the New Jersey State League
of Municipalities, the New Jersey Chapter of the American Planning Association,
the New Jersey Builders Association, and the Center for Government Services at
Rutgers, the State University of New Jersey in establishing standards for
curriculum and administration of the courses of study.

���� (2)�� The curriculum for these
courses of study shall include 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 a land use board administrator, including coursework on:

���� (a)�� the technical and
knowledge and skills necessary for effective interpretation and enforcement of
municipal zoning ordinances and applications for development;

���� (b)�� the �Municipal Land Use
Law,� P.L.1975, c.291 (C.40:55D-1 et seq.);

���� (c)�� the content and
structure of zoning ordinances;

���� (d)�� the content and
structure of master plans;

���� (e)�� site plan and
subdivision review, including technical aspects of plan review, administrative
processing requirements, planning and engineering terminology;

���� (f)�� ethical obligations; and

���� (g)�� record keeping and
requirements for public access to records.

The curriculum for zoning officers
shall also include practical issues, including enforcement actions, conducting
site inspections, and compliance options.

���� (3)�� The commissioner may
determine the appropriate number of courses to best impart the desired
curriculum.� At the completion of each course, examinations shall be
administered to each enrollee to determine whether the enrollee has attained a
satisfactory level of knowledge of the course material.

���� (4)�� The commissioner may
allow credit for coursework completed prior to the effective date of this act
if the commissioner determines that the coursework was substantially similar to
that required pursuant to this section and that the applicant can demonstrate,
to the commissioner�s satisfaction, satisfactory completion of the coursework.

���� d.��� (1)���� Following the
establishment of the certification program, pursuant to subsection a. of this
section, the Director of the Office of Local Planning Services in the
Department of Community Affairs, with the advice of the Land Use Education
Advisory Board, shall hold examinations semiannually, and at such other times
as may be deemed appropriate, for certification as zoning officer or land use
board administrator, or both.� The examination shall be written and shall be of
such character as to fairly test and determine the qualifications, fitness, and
ability of the person tested to actually perform the duties of zoning officer
or land use board administrator.

���� (2)�� An applicant for
examination shall furnish proof to the director, not less than 30 days before
the examination that the applicant meets the qualifications in accordance with
subsection b. and paragraph (2) of subsection c. of this section.� Each
completed application for the State examination shall be accompanied by a fee
in the amount of $50 payable to the State Treasurer.

���� (3)�� Zoning officers or land
use board administrators who are employed in that capacity on the effective
date of
P.L. , c. (C ) (pending
before the Legislature as this bill) and who meet the qualifications in
accordance with subsection b. and paragraph (2) of subsection c. of this
section shall be exempt from the State examination required under this
subsection.

���� e.���� Upon a finding by the
director that an applicant has successfully completed the examination, the
applicant may apply for a certificate pursuant to the provisions of subsection
b. of this section.

���� f.���� Within 30 days of
receipt of a complete application for certification, the commissioner shall
provide the applicant with a zoning officer certificate or land use board
administrator certificate, valid for a period of three years from the date of
issuance, or a letter specifying the basis for refusing to issue a certificate.

���� 3.��� (New section)� a.� The
Commissioner of Community Affairs shall maintain a registry of zoning officer
certificate and land use board administrator certificate holders and make
access to the registry available on the Department of Community Affair�s Internet
website.� Within 60 days of the effective date of
P.L. , c. (C ) (pending
before the Legislature as this bill), the commissioner shall survey each municipality
for the name of any person serving as zoning officer and land use board
administrator in the municipality.� The registry shall be constructed so that
it may be searchable by the name of the certificate holder and the name of the
employing municipality.

���� b.��� Commencing 30 days after
the effective date of
P.L. , c. (C ) (pending
before the Legislature as this bill), a person shall not accept 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 shall notify the commissioner of the terms,
conditions, and duties associated with each appointment.

���� c.���� The commissioner shall
analyze the submitted information, and may request additional detail,
investigate, and determine that an individual is unable to fulfill the terms,
conditions, and duties of the multiple employments. �The commissioner may enter
into discussions and agreements with the employing municipalities and the
individual in order to ensure that the employment of a zoning officer or land
use board administrator does not result in understaffing in a municipality due
to competing obligations of the individual.

���� d.��� A zoning officer
certificate or land use board administrator certificate may be revoked or
suspended by the commissioner for 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 other good cause. �The governing body or chief
executive officer of any municipality, or any aggrieved individual, may request
a review by the commissioner of the practices of a zoning officer or land use
board administrator.� The commissioner may also initiate a review of the
behavior or practices of a zoning officer or land use board administrator if
the commissioner finds it advisable to do so through the normal exercise of the
commissioner�s statutory duties and responsibilities. A zoning officer
certificate or land use board administrator certificate shall not be revoked or
suspended except upon a proper hearing before the commissioner or the
commissioner�s designee after due notice. If a zoning officer or land use board
administrator certificate is removed from office by the commissioner, the
office shall be declared vacant, and the person shall not be eligible to hold
that office, or make application for recertification, for a period of five
years from the date of the revocation.

���� 4.��� (New section)��� The
Commissioner of Community Affairs shall issue an endorsement renewing a zoning
officer certificate or land use board administrator certificate within 30 days
of receipt of a complete application for renewal. �A $50 fee payable to the
State Treasurer, and upon verification that the applicant has satisfactorily
completed at least 20 hours of continuing education in subject areas related to
the duties of zoning officer or land use board administrator. The Director of
the Office of Local Planning Services in the Department of Community Affairs
shall work in conjunction with the Land Use Education Advisory Board to
establish acceptable continuing education courses and to recognize suitable
course offerings that may be afforded continuing education credit. �This
advisory board also shall establish the curriculum areas and the number of
hours in each curriculum area that a zoning officer or land use board
administrator shall complete in order to renew a certificate.

���� Each renewal endorsement shall
be for a period of three years from the expiration date of the original
certificate or most recent renewal endorsement.

���� 5.��� (New section)��� The
Commissioner of Community Affairs shall adopt rules and regulations pursuant to
the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.) as may
be necessary to effectuate the purposes of P.L.��� , c.��� (C.������ �)
(pending before the Legislature as this bill).

���� 6.��� (New section)��� Nothing
in P.L. ���, c. ���(C. ������) (pending before the Legislature as this bill)
shall be construed as requiring a municipal governing body to pay any of the
costs an individual may incur in complying with the requirements for obtaining
or renewing a zoning officer certificate or land use board administrator
certificate. A municipal governing body, by resolution, may determine to
reimburse an individual for all or any portion of the costs an individual may
incur.� For the purposes of this section, the term �costs� shall include but
not be limited to the costs associated with course registration, application
fees, transportation and leaves of absences.

���� 7.��� Section 9 of P.L.1975,
c.291 (C.40:55D-18) is amended to read as follows:

���� 9.��� Enforcement.��� The
governing body of a municipality shall enforce this act and any ordinance or
regulation made and adopted hereunder. To that end, the governing body may
require the issuance of specified permits, certificates or authorizations as a
condition precedent to (1) the erection, construction, alteration, repair,
remodeling, conversion, removal or destruction of any building or structure,
(2) the use or occupancy of any building, structure or land, and (3) the
subdivision or resubdivision of any land; and shall establish an administrative
officer and offices for the purpose of issuing such permits, certificates or
authorizations; and may condition the issuance of such permits, certificates
and authorizations upon the submission of such data, materials, plans, plats
and information as is authorized hereunder and upon the express approval of the
appropriate State, county or municipal agencies; and may establish reasonable
fees to cover administrative costs for the issuance of such permits, certificates
and authorizations. �
In addition to covering the administrative costs for
the issuance of permits, certificates and authorizations, these fees may be
used to defray the cost of satisfying the educational requirements established
pursuant to P.L.� ��, �c. ���(C.� ������) (pending before the Legislature in
this bill).

���� The administrative officer
shall issue or deny a zoning permit within 10 business days of receipt of a
request therefor.� If the administrative officer fails to grant or deny a
zoning permit within this period, the failure shall be deemed to be an approval
of the application for the zoning permit. In case any building or structure is
erected, constructed, altered, repaired, converted, or maintained, or any
building, structure or land is used in violation of this act or of any
ordinance or other regulation made under authority conferred hereby, the proper
local authorities of the municipality or an interested party, in addition to
other remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to prevent any
illegal act, conduct, business or use in or about such premises.

(cf: P.L.2001, c.49, s.1)

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

STATEMENT

���� This bill professionalizes 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 is not to 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 bill requires the Commissioner
of Community Affairs 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 establishes 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 is required 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 also allows 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 is to 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 is to 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:

(1)� The technical
knowledge and skills necessary to for effective interpretation and enforcement
of municipal zoning ordinances and applications for development;

(2)� The Municipal
Land Use Law;

(3)� The content
and structure of zoning ordinances;

(4)� The content
and structure of master plans;

(5)� Site plan and
subdivision review, including technical aspects of plan review, administrative
processing requirements, planning and engineering terminology;

(6)� Ethical
obligations;

(7)� Record
keeping and requirements for public access to records; and

(8)� For the
zoning officer, practical issues, including enforcement actions, conducting
site inspections and compliance options.

���� At the completion of each
course, examinations are to be administered to determine if the enrollee has
attained a satisfactory level of knowledge.� The bill specifies that at the
completion of the course of study, certificate candidates are required to take
and pass a State exam.

���� Zoning officer and land use
board administrator certificates are to 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 are to pay a $50 fee.

���� The bill also requires 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 prohibits 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 is required to notify the commissioner of
the terms, conditions, and duties associated with each appointment.

���� The bill empowers the commissioner
to determine that an individual is unable to fulfill the terms, conditions, and
duties of the municipal employment.� The commissioner is 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 empowers 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 is to 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.