New Jersey Zoning Watch

The New Jersey General Assembly Housing and Local Government Committee is meeting to discuss critical legislative initiatives on Monday, March 5, 2007 at 2:00 pm.  Each proposed bill would have a profound impact on development in New Jersey. 

Of particular significance, A3870 proposes to eliminate the time of decision rule.   The bill provides that “those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development and any decision made with regard to that application for development.”  Eliminating the time of decision would promote greater predicability in the land development process.  Almost all other states have rejected the time of decision rule because of its inequitable results.  Supporting A3870 should be a top priority for developers this legislative session.   

A3860 proposes to amend N.J.S.A. 40:55D-92 to further clarify that the MLUL is enabling legislation and that municipalities cannot exceed the authority granted by the Legislature.  Currently, N.J.S.A. 40:55D-92 only provides that the MLUL shall be liberally constructed.  The bill also proposes to amend N.J.S.A. 40:55D-2, which sets forth the intent of the MLUL.  The amendment would add the goal of providing “a supply of housing adequate to meet the demographic, social, and economic needs of the State’s diverse and dynamic population.”   A3860 should be supported because it would help protect developers from ultra vires actions by municipalities and clarify that municipalities must permit the construction of diverse housing stock for their residents. 

Another bill which should be supported is A3887 .  A3887 proposes to prohibit the Board of Public Utilities (”BPU”) from requiring landowners outside designated centers to pay for utility infrastructure expansions.  

Each bill is supported by the New Jersey Builder’s Association.  Since significant opposition is anticipated for the aforementioned bills, it is critical for New Jersey’s development community to attend next Monday’s hearing in support of the proposed legislation.

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According to the New Jersey Business & Industry Association (”NJBIA”), New Jersey exerienced a net gain of appoximately 15,900 private-sector jobs in 2006.  The total is less than half the number of jobs created in 2005. The gain, approximately .5 percent, is significantly lower than most other states.  Private sector job growth increased nationally by an average of 1.4 percent.  continue reading

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New Jersey Transit may begin providing express train service from New York to Atlantic City in late 2007 or early 2008.   Details are still being finalized for the new service, dubbed “ACES” for Atlantic City Express Service.   Under the current plan, the trains would travel nonstop on the Northeast Corridor tracks from New York to just north of Philadelphia, then head east and continue nonstop to Atlantic City.  However, the possibility remains that additional stops will be added to the ACES line.  Additional information regarding the ACES line will follow as NJ Transit provides more details.

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On February 15th, 2007, COAH Commissioner Susan Bass Levin issued a statement regarding the status of COAH’s Third Round Rules.   When issuing the statement, Commissioner Levin announced that COAH would be taking four steps to address the Appellate Division’s decision In the Matter of the Adoption of N.J.A.C. 5:94 and 5:95 by the Council on Affordable Housing.  The four steps COAH will be taking are as follows: continue reading

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On January 25, 2007, the Appellate Division invalidated key provisions of the Council on Affordable Housing’s (“COAH”) Third Round affordable housing regulations in its decision In the Matter of the Adoption of N.J.A.C. 5:94 and 5:95 by the New Jersey Council on Affordable Housing.

COAH has six months to revise its Third Round Regulations in accordance with continue reading

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