40:55D-136.10 Running of period of approval suspended, exceptions.
530 words·~2 min read·
/nj/title-40/chapter-55d/40-55d-136-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
4. a. For any government approval in existence on March 9, 2020, the running of the period of approval is automatically suspended for the COVID-19 extension period, except as otherwise provided hereunder; however, the tolling provided for herein shall extend the government approval at least six months beyond the conclusion of the COVID-19 extension period
b. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be construed to reduce the time period of any approval in existence as of March 9, 2020.
c. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be construed to extend the time period of any government approval that expired before March 9, 2020.
d. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be deemed to extend or purport to extend:
(1)any permit or approval issued by the government of the United States or any agency or instrumentality thereof, or any permit or approval by whatever authority issued of which the duration of effect or the date or terms of its expiration are specified or determined by or pursuant to law or regulation of the federal government or any of its agencies or instrumentalities;
(2)any permit or approval issued pursuant to the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) if the extension would result in a violation of federal law, or any State rule or regulation requiring approval by the Secretary of the Interior pursuant to Pub.L.95-625 (16 U.S.C. s.471i);
(3)any permit or approval issued within the preservation area of the Highlands Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3);
(4)any permit or approval issued by the Department of Transportation pursuant to Title 27 of the Revised Statutes or under the general authority conferred by State law, other than a right-of-way permit issued pursuant to paragraph
(3)of subsection
(h)of section 5 of P.L.1966, c.301 (C.27:1A-5) or a permit granted pursuant to R.S.27:7-1 et seq. or any supplement thereto;
(5)any permit or approval issued pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), except
(a)where work has commenced, in any phase or section of the development, on any site improvement as defined in paragraph
(1)of subsection a. of section 41 of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-53) or on any buildings or structures or
(b)where the permit or approval authorizes work on real property owned by the government or the federal government;
(6)any coastal center designated pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.); or
(7)any permit or approval within the Highlands planning area located in a municipality subject to the "Highlands Water Protection and Planning Act," P.L.2004, c.120, that has adopted, in accordance with the Highlands Water Protection and Planning Council conformance approval, a Highlands master plan element, a Highlands land use ordinance, or an environmental resource inventory, except that the provisions of this paragraph shall not apply to any permit or approval within a Highlands center designated by the Highlands Water Protection and Planning Council, notwithstanding the adoption by the municipality of a Highlands master plan element, a Highlands land use ordinance, or an environmental resource inventory.
L.2020, c.53, s.4.