STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CHRIS TULLY
District 38 (Bergen)
SYNOPSIS
Requires developer to submit stormwater impact study as part of application for planned development site plan approval.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning site plan approvals and stormwater impact studies and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 34 of P.L.1975, c.291 (C.40:55D-46) is amended to read as follows:
a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient. A developer shall submit, as part of the developer’s application for a planned development site plan approval, a stormwater impact study of the development conducted by a third-party consultant, who shall be agreed upon by the developer and planning board. The stormwater impact study shall include, but not be limited to, an evaluation of:
(1) pre- and post- development stormwater runoff;
(2) downstream flood risks; and
(3) stormwater mitigation strategies.
b. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed development complies with the ordinance and [this act] P.L.1975, c.291 (C.50:55D-1 et seq.), grant preliminary site plan approval.
c. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.
(cf: P.L.1984, c.20, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill amends the “Municipal Land Use Law,” (MLUL) P.L.1975, c.291 (C.50:55D-1 et seq.) to require a developer to submit, as part of the developer’s application for a planned development site plan approval, a stormwater impact study of the development conducted by a third-party consultant, who is to be agreed upon by the developer and planning board. The stormwater impact study is to include, but not be limited to, an evaluation of:
(1) pre- and post- development stormwater runoff;
(2) downstream flood risks; and
(3) stormwater mitigation strategies.
The MLUL defines a “planned development” as a planned unit development, planned unit residential development, contiguous cluster or noncontiguous cluster, planned commercial development, or planned industrial development.