STATEMENT TO
[Third Reprint]
SENATE, No. 1766
with Senate Floor Amendments
(Proposed by Senator SINGLETON)
ADOPTED: OCTOBER 22, 2026
These Senate floor amendments:
· permit a municipal land use board or the appropriate municipal land use approval authority to not approve an application to repurpose or redevelop an eligible property into a mixed-use development if the project would cause a residential development to be located on a site where the location, physical characteristics, access conditions, or surrounding land uses create a substantial and demonstrable risk to the health, safety, or welfare of prospective residential occupants that cannot be adequately mitigated through reasonable site design, engineering, construction, or operational measures;
· require the land use board or appropriate municipal land use authority to consider certain evidence enumerated in the bill;
· require the applicant to submit certain information to demonstrate compliance with the bill;
· prohibit an application from being denied solely because the development is adjacent to a State highway or major arterial roadway, or because residential development is not otherwise permitted under the municipality's zoning ordinance; and
· require that a denial of an application is to be supported by specific findings of fact, based upon substantial evidence in the record, identifying certain risks enumerated in the bill.