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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: March 8, 2018 11:01 AM
From: Representative David M. Maloney, Sr.
To: All House members
Subject: Subdivision and Land Development Ordinance
In the near future I plan on introducing legislation that will mandate that all local zoning ordinances contain a non-building waiver provision. Currently municipalities within my district lack consistent acceptance of non-building permit waivers, my legislation would standardize the process across the state by requiring their inclusion in municipal zoning ordinances. With this legislation zoning ordinances must allow for the creation of the non-building lot after they are presented with a completed DEP Non-Building waiver. However, when a building permit is applied for to build on a non-building lot, the owner must then comply with the relevant testing procedures.

Currently municipalities can pick and choose when they accept non-building permits when a property is being subdivided. This lack of consistency is difficult for builders and families when planning developments or estates. Therefore, I believe that it is necessary to make it mandatory for municipalities to contain this non-building waiver provision as part of their zoning ordinance so that everyone has a consistent standard when it comes to subdividing property and eliminate confusion for future property owners.

Please join me to cosponsoring this important piece of legislation.

Introduced as HB2265