Bill Text: NJ S356 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies the responsible planning entity for provision of fair share housing.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S356 Detail]
Download: New_Jersey-2010-S356-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator MICHAEL J. DOHERTY
District 23 (Warren and Hunterdon)
Senator STEVEN V. OROHO
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Clarifies the responsible planning entity for provision of fair share housing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning regional planning entities and affordable housing, and supplementing P.L.1985, c.222 (C.52:27D-301 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
The Legislature adopted the "Fair Housing Act" P.L.1985, c.222 (C.52:27D-301 et al.) in order to provide a method for municipalities to meet their respective constitutional obligations to provide a realistic opportunity for affordable housing. The Legislature has also enacted laws creating several regional planning entities which have been granted significant zoning powers over the constituent municipalities comprising these entities, effectively removing from each affected municipality the ability to control the provision of affordable housing, particularly in the context of new construction. In at least one court decision, a regional planning entity was held responsible for ensuring that the fair share housing obligation is met. It is therefore necessary to clarify under the "Fair Housing Act" the respective responsibilities of municipalities and the regional planning entities which have been delegated superior planning and zoning powers for certain of those municipalities.
2. a. Notwithstanding any rules of the council to the contrary, or any provision of P.L.1985, c.222 (C.52:27D-301 et al.) to the contrary, the municipal obligation for providing its fair share of affordable housing under P.L.1985, c.222 shall be assigned to the superior regional planning entity, if such a municipality, or any part of it, is mandated by statute to be a constituent part of the regional planning entity. This section shall be applicable to the New Jersey Meadowlands Commission established pursuant to section 5 of P.L.1968, c.404 (C.13:17-5), the Pinelands Commission established pursuant to section 4 of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-4), and the "Highlands Water Protection and Planning Council" established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4), and all municipalities, or parts thereof, which are included in such regions. This section shall not apply to optional joint or regional planning entities, such as joint planning boards formed pursuant to section 64 of P.L.1975c.291 (C.40:55D-77).
b. The proper party against which to bring an exclusionary zoning claim, in the case of any municipality which is a constituent member of any of the entities set forth in subsection a. of this section, shall be the superior regional planning entity, if any property which comprises a part of the claim or will comprise a part of the remedy sought, is delineated as being within the jurisdiction of a regional planning entity, under that entity's enabling act.
c. A regional planning entity as set forth in subsection a. of this section, shall be eligible to file an affordable housing plan and petition for substantive certification to the council, in the same manner, and as if, that regional planning entity were a municipality.
3. This act shall take effect immediately.
STATEMENT
This bill clarifies the responsibility to meet the Mount Laurel fair share housing obligation under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), in the case of a mandatory regional planning entity. The bill is applicable to the following:
the New Jersey Meadowlands Commission;
the Pinelands Commission; and
the "Highlands Water Protection and Planning Council," and all municipalities, or parts thereof, which are included in such regions. The bill does not apply to optional joint or regional planning entities, such as joint planning boards formed pursuant to section 64 of P.L.197, c.291 (C.40:55D-77).
These statutes subrogate much of the zoning powers of the constituent municipalities forming these regional planning entities. At least one court decision has recognized this fact, holding that the New Jersey Meadowlands Commission has responsibility for providing opportunities for affordable housing.
The bill supplements the "Fair Housing Act" to provide that a regional planning entity as specified in the bill may petition for substantive certification to COAH, as if it is a municipality. In addition, the bill specifies that the proper party against which to bring an exclusionary zoning lawsuit will be the regional planning entity, and not a constituent municipality of such an entity, if any property which comprises a part of the claim or will comprise a part of the remedy sought, is delineated as being within the jurisdiction of a regional planning entity, under that entity's enabling act.
