Permit Extension Opposition Resolution

 

TOWNSHIP OF ___________

Resolution No. 08-

Opposing Proposed Assembly Bill A2867 (and Identical Senate Bill S1919)

Known as the “Permit Extension Act of 2008”

 

            WHEREAS, on May 19, 2008, Assembly Bill A2867 known as the “Permit Extension Act of 2008”, was introduced by New Jersey State Assemblyman Louis Greenwald (D-6), sponsored by Assemblyman Peter Biondi (D-16), co-sponsored by Assemblywoman Denise Coyle (D-16) (with identical Senate Bill No. S1919 introduced in the New Jersey Senate by NJ State Senator Paul Sarlo [D-36] and Senator Jeff Van Drew [D-1], co-sponsored by Senator Christopher Bateman [D-16]) (the “Act”); and 

 

            WHEREAS, the Act, as introduced, declares that there exists - from the period of January 1, 2006 and continuing through to December 31, 2012, a state of economic emergency in the State of New Jersey, particularly a crisis in the banking, real estate and constructions sectors, and declares that as a result of the crisis real estate and industrial developers have experienced an industry-wide decline. The Act finds that a “myriad of new regulations with regard to environmental protection have significantly increased” costs of development, in addition to other findings regarding development costs and the permitting and approval process; and

 

            WHEREAS, the Act purports to address New Jersey’s state of economic emergency by automatically suspending the running of the period of approvals – tolling the period of time when an affected government or agency- issued permit or approval would otherwise expire, including extending certain approvals that have already expired. The proposed permit extension would extend the expiration of approvals at least through December 31, 2012, and certain approvals up to two years thereafter; and

 

WHEREAS, although it is commendable that the New Jersey Legislature would seek proactively to recognize and address a state of economic emergency, the proposed Permit Extension Act of 2008 is ineffectual to accomplish its stated purposes of preventing a waste of public and private resources, fails to address any such economic emergency or provide any economic stimulus benefit, improperly interferes with the powers and authorities of local municipalities, and may in fact result in a severe detrimental impact upon the environment and the general public health, safety and wellbeing by allowing projects with expired approvals, or stalled projects with approvals set to expire, to avoid having to comply with subsequent changes in environmental law, public health standards, building codes or local zoning; and

 

            WHEREAS, it is the steadfast and earnest opinion of the ________Town Government that the proposed Act is neither beneficial nor in the best interests of the citizens of ________Town, and, rather than providing an economic benefit, would adversely impact the residents of this State.

 

            NOW, THEREFORE, BE IT RESOLVED by the (Town Government), in the County of ________, State of New Jersey, as follows:

 

            1.         The (Town Government) strongly opposes Assembly Bill A-2867 (and identical Senate Bill No. S-1919) known as the “Permit Extension Act of 2008”, as introduced.

 

            2.         The (Town Government) urges its State Legislators to oppose the Permit Extension Act of 2008.

 

            3.         The (Town Government) urges its State Legislators and the Governor to consider and propose better options for addressing a state of economic emergency and providing a benefit to the citizens of this State at large, rather than relying upon the presently proposed extension of permits and approvals to the benefit of developers.

 

            4.         The Town Clerk is authorized and directed to forward a copy of this Resolution to Assemblywoman ___________Assemblyman _______, Senator______ , the Office of Governor Jon Corzine, the NJ State League of Municipalities, and to the clerks of all municipalities within __________County.

 

 

 

 

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CERTIFICATION

 

I, ­­­­­­­­­­­­­­­­­­­­___________________, Town Clerk of ________, in the County of ________, New Jersey, do hereby certify the foregoing to be a true and correct copy of a resolution adopted at a meeting of the (Town Government) held on _____________, 2008.

 

                                                                                    ________________________________

                                                                                    Town Clerk