How S 3739 changes current law

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This bill amends 1 section(s) of the New Jersey statutes: N.J.S.A. 40:55D-66.19.

• N.J.S.A. 40:55D-66.19

  zoning application meets the following requirements: the proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building; all other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and the proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations. → administratively non-discretionary proposed installation complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable safety standards adopted by State law, rule, or regulation, and any other law, rule, or regulation concerning electric vehicle supply equipment. (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill) (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill) (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill) d. An application for the installation of electric vehicle supply equipment or Make-Ready parking spaces that does not qualify for approval pursuant to subsection a. of this section shall not be required to obtain variance relief pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.), provided that the application is otherwise eligible for administrative approval, complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), and applicable safety standards adopted by State law, rule, or regulation. An application processed pursuant to this subsection shall be reviewed administratively and shall not be subject to site plan or other land use board review. e. A municipality's, county's, or municipality's and county's review of the application to install electric vehicle supply equipment shall be limited to those standards and regulations necessary to ensure that the electric vehicle supply equipment will not have a specific, identifiable, and adverse impact upon public health or safety, supported by substantial evidence in the record, for which there is no feasible method to satisfactorily mitigate or avoid the impact. The review shall be limited to applicable safety considerations and shall not include generalized planning or land use considerations unrelated to demonstrable public health or safety concerns, except where expressly required by State law, rule, or regulation. f. Electric vehicle supply equipment infrastructure that encroaches upon required setbacks established by a local government entity shall not constitute an adverse impact upon public health or safety. Nothing in this subsection shall be construed to permit electric vehicle supply equipment that obstructs required sight triangles, fire lanes, or emergency access as determined in accordance with applicable safety standards adopted by State law, rule, or regulation. g. For purposes of this section: "Non-discretionary permit" means a permit approved as a ministerial act upon verification of compliance with applicable standards, as provided in subsection a. of this section, and shall not require discretionary judgment, variance relief, or land use board review.

  amended

• N.J.S.A. 40:55D-66.19

  for development zoning and ⟦INS⟧construction⟦/INS⟧ → administratively non-discretionary except as otherwise provided in subsection f. of this section, ; and (4) corporate logos, branding, or other such symbology that is integrated into electric vehicle supply equipment shall not be considered signage for the purposes of enforcing any sign ordinances adopted by a municipality for the installation of electric vehicle supply equipment or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building d. An application for the installation of electric vehicle supply equipment or Make Ready parking spaces processed pursuant to this section shall be reviewed administratively and shall not be subject to site plan or other land use board review and approval. However, a site plan or scale drawing showing all existing and proposed features located on the property and within 50 feet of the proposed electric vehicle supply equipment shall be submitted as part of the application to provide the administrative officer reviewing the application with sufficient information on which to base an approval or denial. e. Except as otherwise provided in subsection a. of this section, a municipal or county review, as appropriate, of the application to install electric vehicle supply equipment shall be limited to those standards and regulations necessary to ensure that the electric vehicle supply equipment will not have a specific, identifiable, and adverse impact upon public health or safety, supported by substantial evidence in the record. f. Electric vehicle supply equipment infrastructure shall be permitted to encroach upon required setbacks established by a local government entity. However, if electric vehicle supply equipment encroaches upon required setbacks, there shall be a minimum of six feet of grounds maintenance clearance between the electric vehicle supply equipment and any natural or man-made construction obstruction where necessary to permit routine landscaping, mowing, and property upkeep Nothing in this subsection shall be construed to permit electric vehicle supply equipment to obstruct required sight triangles, fire lanes, or emergency access, as determined in accordance with applicable safety standards in any State law, rule, or regulation. g. As used in this section: "Administrative officer" means the same as that term is defined in section 3 of P.L.1975, c.291 (C.40:55D-3). "Non-discretionary permit" means a permit approved as a ministerial act upon verification of compliance with applicable standards, as provided in subsection a. of this section, which permit does not require discretionary judgment, variance relief, or land use board review.

  amended