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.