Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
The Preserving Affordable Main Streets Act; promotes equitable residential development throughout State.
CURRENT VERSION OF TEXT
As introduced.
An Act promoting equitable residential development throughout New Jersey and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the Preserving Affordable Main Streets Act.
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Dwelling unit means a structure, or portion thereof, which serves primarily as a residence for one or more persons.
Live work unit means a building, or space within a building, that may be used jointly for commercial and residential purposes by a person or persons living within such building or space and where the commercial purposes are not authorized as customary and incidental accessory home occupation use.
Main street corridor means a portion of any public road, not less than one-quarter of a mile and not more than three-quarters of a mile in length that satisfies the following:
(1) encompasses an intersection of two county routes, two State routes, or a county and State route; and
(2) has at least 50 percent of the frontage along such portion being used for office, retail, service, mixed-use development or general commercial purposes.
Mixed-use development means a development which includes both a non-residential development component and a residential development component.
Multiple dwelling means the same as that term is defined pursuant to subsection (k) of section 3 of P.L.1967, c.76 (C.55:13A-3).
Transit station" means a rail station providing rail passenger service, as defined in subsection g. of section 3 of P.L.1979, c.150 (C.27:25-3), bus station, terminal, or roadside bus stop providing motorbus regular route service, as defined in subsection b. of section 3 of P.L.1979, c.150 (C.27:25-3), or ferry terminal providing ferry passenger service, as defined in subsection h. of section 3 of P.L.1979, c.150 (C.27:25-3).
3. a. A municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62) enacted by a municipality with a transit station shall not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70) or minimum parking requirements for mixed-use developments with at least four dwelling units, mixed-use developments with at least four live work units, and multiple dwelling developments with at least four dwelling units, that:
(1) are at a minimum density of fifteen units per acre;
(2) are served by water and sewer infrastructure in at least 50 percent of the lot area; and
(3) consist of a lot area at least 50 percent of which is within a one-half-mile radius of a municipality's primary transit station.
b. A municipality with a transit station may dedicate, through the municipalitys zoning ordinance, up to 50 percent of the types of development described in subsection a. of this section within the area between a one-half-mile radius and a one-mile radius of the municipalitys primary transit station, but only if the dedicated land area for these developments is located on a public right of way that directly connects to a municipalitys primary transit station with adequate sidewalks, crosswalks, and other similar pedestrian facilities. If a municipality has two or more transit stations, the municipality shall designate one transit station as its primary transit station.
c. A municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62) enacted by a municipality without a transit station, shall allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without minimum parking requirements, multiple dwelling developments that:
(1) are in any municipality with:
(a) a population of at least 500 persons per square mile according to the latest federal decennial census; or
(b) a minimum population of 7,500 in the preceding calendar year; and
(2) consist of a lot area at least 50 percent of which is within a one-quarter-mile distance from at least one main street corridor.
If a municipality does not have a clearly identifiable main street corridor, the municipality shall recognize multiple dwelling developments as a permitted use, through the municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), in contiguous land encompassing an area of one-quarter square mile.
d. For any development constructed pursuant to subsections b. or c. of this section, the approving authority reviewing the an application shall make a decision on the application for the development no later than 65 days after receipt of the application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw such application.
e. If a municipality fails to adopt or amend a master plan, zoning ordinance, land use ordinance, and other regulations within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), for the purposes of complying with the provisions of this section, any noncompliant provision of an existing master plan, zoning ordinance, land use ordinance, or other regulation shall become null and void and a municipality shall approve or deny applications for housing developments in accordance with the requirements for regulations set forth under the provisions of this section until such municipality adopts or amends a master plan, zoning ordinance, land use ordinance, or other regulation in compliance with this section.
f. A municipality shall not use or impose standards that burden an applicant through unreasonable costs or delays in the development of housing, and shall not condition the approval of housing described pursuant to subsections b. and c. of this section on the correction of a nonconforming use, structure, or lot.
4. This act shall take effect immediately.
STATEMENT
This bill, entitled The Preserving Affordable Main Streets Act, promotes equitable residential development throughout the State.
Under the bill, a municipal zoning ordinance enacted by a municipality with a transit station, as defined in the bill, is to allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without requiring minimum parking requirements, mixed-use developments with at least four dwelling units, mixed-use developments with at least four live work units, as defined in the bill, and multiple dwellings with at least four dwellings units that:
(1) are at a minimum density of fifteen units per acre;
(2) are in at least 50 percent of the lot area served by water and sewer infrastructure; and
(3) consist of a lot area at least 50 percent of which is within a one-half-mile radius of a municipality's primary transit station.
The bill provides that a municipality with a transit station may dedicate, through the municipalitys zoning ordinance, up to 50 percent of the types of development described in t