N.J. Admin. Code § 5:21-1.10

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:21-1.10 - Operative date

(a) These rules shall be operative on June 3, 1997. The requirements of any municipal ordinances or rules adopted by any instrumentality deriving authority therefrom in effect on that date which establish rules or requirements for any matter within the scope of these regulations shall be deemed to have been repealed and of no further force or effect.

(b) Any project for which preliminary subdivision or site plan approval has been given prior to June 3, 1997 shall continue to be subject to the municipal development ordinance under which it was approved.

(c) Any project for which application is made after June 3, 1997 shall be governed by these rules.

(d) These rules shall not be construed as requiring the revision or amendment of any application for site plan or subdivision approval which is pending on June 3, 1997. Such pending applications may, however, be amended provided that any such amendments shall meet the requirements of these rules.

1. For any project for which a completed application has been submitted on or before the operative date of these rules, but which has not yet received preliminary approval, the applicant shall have the option of amending the application in its entirety to comply with these rules or of requesting that the municipality continue to review the application under the municipal ordinances in effect at the time of application.

(e) For a period of six months following the operative date of a technical revision to the standards, applicants may submit a complete application to be reviewed under the standards in effect immediately prior to the technical revision. Provided that the application is deemed complete within the meaning of the Municipal Land Use Law, the planning board or zoning board of adjustment, as appropriate, shall review the application based on the technical standards in force immediately prior to the operative date of the revision to the standards. This grace period shall only apply to technical revisions to the standards.

(f) In the case of a subdivision or project for which a complete application has been submitted but for which preliminary approval has not been issued by the operative date of any technical change to the standards, review shall continue and approval shall be granted based on the standards in force immediately prior to the operative date of the revision to the standards.

N.J. Admin. Code § 5:21-1.10

Amended by R.2004 d.35, effective 1/20/2004.
See: 35 New Jersey Register 3981(a), 36 New Jersey Register 447(a).
Added (e) and (f).