Provides for the continuation of planning and zoning approvals and permits

2 Co-sponsors

• Ginny Fields
• Kenneth Zebrowski

1 Multi-sponsor

• Dean Murray

BILL NUMBER:A8932A

Title of bill

An act in relation to the continuation of planning and zoning approvals and permits

Purpose or general idea of bill

This legislation would extend all plan- ning and zoning approvals and permits for residential and commercial facilities in existence on June 30, 2009 until June 30, 2011.

Summary of specific provisions

This bill establishes an unconsolidated law to extend the date for the effectiveness of any permit or approval in existence on June 30, 2009 under the authority of any general, special or local law, rule or regulation, charter ordinance or adminis- trative code pertaining to the planning or zoning of housing accommo- dations and commercial facilities until June 30, 2011.

Justification

The current economic conditions, particularly relating to the lack of financing for construction projects for both residential and commercial development, are presenting projects which have received the required approvals and pulpits from reaching completion. The lack of financing for construction because of distressed credit markets and unavailability of bank financing is resulting in development projects being placed on hold.

Property owners are required to make substantial investment to obtain zoning and planning permits. Attorneys, architects and engineers are often engaged to assist in the process which includes studies of traf- fic, wetlands, air quality, sales models, archeological surveys, land- scape architecture, and surveys and architectural drawings, renderings, and analysis. Substantial expenses are incurred not only by the landown- er or developer but also by the municipality through its various plan- ning and zoning boards which must analyze and make determinations based on the voluminous information submitted. If permits and approvals lapse because of the current economic conditions, it will cause a substantial problem in terms of cost to reacquire such permits and approvals. It would also result in a substantial time delay. The consequence of the additional cost and time might result in, a project being abandoned. This abandonment would be deleterious for the economy when shovel ready projects are at a premium. It also impacts municipalities where only a portion of a project is completed. This leaves the municipality with an incomplete project which could result in a dangerous condition and, at a minimum, certainly an unappealing undeveloped site.

This legislation would effectively preserve any permit or approval in existence on June 30, 2009 pertaining to planning or zoning until June 30, 2011. An affected permit or approval will not be extended beyond June 30, 2011 without legislative action.

The current economic emergency justifies state action not only because a piecemeal approach by municipalities would be time consuming and expen- sive to accomplish, but also because there are statutory limits imposed

on certain approvals which require state action to accomplish an exten- sion.

Prior legislative history

New bill

Fiscal implications

none

Effective date

This act shall take effect immediately