New Jersey § 13:20-17

§ 13:20-17.

a. (1) Subsequent to adoption of the regional master plan, the council may review,

within 15 days after any final local government unit approval, rejection, or approval

with conditions thereof, any application for development in the preservation area. Upon determining to exercise that authority, the council shall transmit, by certified

mail, written notice thereof to the person who submitted the application to the local

government unit. The council shall, after public hearing thereon, approve, reject, or approve with

conditions any such application or decision within 60 days after transmitting the

notice; provided, however, that an application shall not be rejected or conditionally

approved unless the council determines that the development does not conform with

the regional master plan, as applicable to the local government unit wherein the development

is located, or that the development could result in substantial impairment of the

resources of the Highlands Region. Such approval, rejection, or conditional approval shall be binding upon the person

who submitted the application, shall supersede any local government unit decision

on any such development, and shall be subject only to judicial review as provided

in section 28 of this act. 1 Pending completion of the review by the council of any final local government approval

or approval with conditions of an application for development in the preservation

area and the issuance of the council's decision thereon, the applicant shall not proceed

with the development. (2) No cause of action may be filed in the Superior Court to contest a local government

unit decision on an application for development in the preservation area if the council

exercises its review authority pursuant to this section. Any such cause of action filed before the date that the council exercises its review

authority pursuant to this section shall be dismissed by the court for lack of jurisdiction. Upon determination of the council to exercise its review authority pursuant to this

section, judicial review of the decision of the local government unit and of the council

pursuant to this section shall proceed as provided pursuant to section 28 of this

act. b. Every person submitting an application for development in the preservation area

shall be required to provide a notice of the application to the council in accordance

with such procedures therefor as shall be established by the council. c. Notwithstanding any provision of subsection a. or b. of this section to the contrary,

for any municipality or county that has adopted an approved revised master plan, development

regulations, or other regulations, as the case may be, including any condition thereto

imposed by the council, the requirements of this section shall apply only to applications

for development that provide for the ultimate disturbance of two acres or more of

land or a cumulative increase in impervious surface by one acre or more. The council, however, may provide, pursuant to subsection d. of section 14 of this

act, that the requirements of this section apply to any application for development

within the preservation area in any municipality or county that fails to adopt or

enforce an approved revised master plan, development regulations, or other regulations,

as the case may be, including any condition thereto imposed by the council. d. Any member of the public may request the council to consider reviewing an application

for development in the preservation area as provided in this section. 1

N.J.S.A. § 13:20-26.