Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
Establishes certain State funding preferences for municipalities that enhance opportunities to develop housing.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing certain State funding preferences for municipalities that adopt certain strategies to encourage denser residential development, supplementing Titles 40, 52, and 27 of the Revised Statutes and amending P.L.2000, c.72.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The governing body of a municipality may direct the planning board to undertake and provide for a special reexamination of the municipalitys master plan and development regulations for the purpose of enabling the municipality to qualify for preferential status in the distribution of State aid in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. (1) A planning board directed to undertake and provide for a special reexamination of the municipalitys master plan and development regulations pursuant to subsection a. of this section shall, at a minimum, review the provisions of the municipalitys existing master plan and development regulations that address areas of the municipality within which residential development is permitted, and shall consider recommending specific changes to the master plan and development regulations for the purpose of enhancing the potential development of the municipality for residential purposes.
(2) A planning board directed to undertake and provide a special reexamination of the municipalitys master plan and development regulations pursuant to subsection a. of this section, prior to reporting recommendations for changes thereto pursuant to subsection c. of this section, shall consider whether to include in the master plan and development regulations one or more housing strategies that may enhance the development potential of property for residential purposes at greater densities, which shall include but not limited to the following housing strategies:
(a) permit development of an accessory dwelling unit in addition to a single-unit dwelling on developable lots in areas restricted to the development of single-unit dwellings;
(b) permit development of a two-unit dwelling on lots in areas restricted to the development of single-unit dwellings;
(c) permit development of a three-unit dwelling on lots in areas restricted to the development of single-unit dwellings;
(d) eliminate or reduce off-street parking requirements;
(e) eliminate or reduce minimum lot size requirements;
(f) permit the siting of manufactured housing or a mobile home on lots in areas restricted to the development of single-unit dwellings;
(g) permit development of a multi-unit dwelling or a mixed-use development on lots zoned exclusively for office, retail, or commercial uses;
(h) permit development of a multi-unit dwelling on at least 10 percent of the developable land within the municipality;
(i) permit higher density housing near transit stops; and
(j) eliminate or reduce minimum size requirements for dwelling units.
c. (1) A planning board directed to undertake and provide for a special reexamination of the municipalitys master plan and development regulations pursuant to subsection a. of this section shall prepare and adopt by resolution a report on the findings of the special reexamination, a copy of which report and resolution shall be sent to the Office of Planning Advocacy and the county planning board. A notice that the report and resolution have been prepared shall be sent to any military facility commander who has registered with the municipality pursuant to section 1 of P.L.2005, c.41 (C.40:55D-12.4) and to the municipal clerk of each adjoining municipality, who may request a copy of the report and resolution on behalf of the military facility or municipality.
(2) If a special reexamination report recommends changes to a municipalitys existing master plan, the planning board shall commence the process of amending the master plan in accordance with the requirements for amendment of a master plan under P.L.1975, c.291 (C.40:55D-1 et seq.), which include holding a hearing upon public notice.
(3) If a planning board amends a master plan pursuant to this subsection, the governing body of the municipality shall commence the process of considering amendment of the municipalitys zoning ordinance under P.L.1975, c.291 (C.40:55D-1 et seq.) for the purpose of making it substantially consistent with the land use plan element and the housing plan element of the municipalitys master plan.
2. (New section) a. As used in this section:
"Department" means the Department of Community Affairs;
"Grant or other type of competitively-awarded financial assistance" means all types of competitively-awarded financial assistance that the department or another State agency may distribute to one or more municipalities pursuant to a program administered by the department or other State agency, other than a program that awards funds to help a municipality fulfill its fair share housing obligation pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), including but not limited to: the Main Street New Jersey Program established pursuant to P.L.2001, c.238 (C.52:27D-452 et seq.), and the Neighborhood Preservation Program established pursuant to P.L.1975, c.248 (C.52:27D-142 et seq.); and
"State agency" means any department, division, office, board, commission, council, or bureau in the Executive branch of State government.
b. (1) Notwithstanding any provision of law, rule, or regulation to the contrary, when determining the eligibility of a municipality to receive a grant or other type of competitively-awarded financial assistance, the department shall establish a preference for those municipalities that have amended their development