New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for June 17th, 2008

Senate Version of Permit Extension Act to Include Water Quality Standards

Posted by Phil Morin on June 17, 2008

It appears that the Senate version of the Permit Extension Act (S-1919) will become more watered down. Senator Ray Lesniak (D-Union), chairman of the Economic Growth Committee, has indicated that the Senate Committee will consider amendments that place additional limitations on permits validly issued under prior regulations which will require meeting strict water quality and flood hazard controls enacted after those projects were conceived, designed and originally permitted and approved. These amendments would appear to thwart the underlying purpose of the legislation, namely, recognizing that economic conditions have delayed the industry from acting upon valid permits and extending such permits for an additional period of time.

According to the Star Ledger:

Sen. Raymond Lesniak (D-Union), chairman of the Senate Economic Growth Committee, postponed a vote on the bill, saying he wanted to draft amendments requiring projects to meet up-to-date standards for protecting water quality and flood plains.

“The environmentalists would go further,” Lesniak said. “They would like to include all general health and safety issues, and I don’t know how you do that.”

Citing one example of broader safety considerations, Jeff Tittel, director of the New Jersey chapter of the Sierra Club, said chromium standards were toughened last year and building projects that do not meet them should not be allowed to proceed.

Tittel considered yesterday’s delay a victory in that it slowed down a bill he said was being “railroaded” through the Legislature.

Lesniak said that without permit extensions, New Jersey’s economic recovery would be delayed as developers go through the paperwork needed to renew permits that had lapsed.

“We don’t want to wait two to three more years after the economy gets going for our people to get back to work,” Lesniak said.

Alan Steinberg, the regional administrator of the U.S. Environmental Protection Agency, notified lawmakers last week of his concerns the bill could violate federal standards for water quality.

Lesniak said he hopes a revised bill can be sent to Gov. Jon Corzine before lawmakers take their yearly summer recess.

The full article is linked here.

Posted in Environmental Issues, Highlands, Legislation, Pinelands | Leave a Comment »

Assembly Passes Affordable Housing Bill

Posted by Phil Morin on June 17, 2008

In a vote essentially along party lines, Assembly Speaker Joseph Roberts’s affordable housing reform bill was passed 45-33. The only “no” vote among the Democratic members of the Assembly was Linda Stender (D-Union), who is running for an open seat in the Republican-leaning 7th Congressional District against State Senator Leonard Lance (R-Hunterdon). One of the major overhalls to the Fair Housing Act in this bill is the elimination of Regional Contribution Agreements, or RCAs, which allow suburban and rural towns to transfer their affordable housing obligations to older suburban and urban areas in exchange for a calculated payment. As a result, all communities, with the exception of five regional planning areas, must provide for their fair share of affordable housing within their municipal boundaries.

According to the Star Ledger:

While ending the RCAs, the bill would raise new funds for construction or rehabilitation of affordable homes by charging developers a 2.5 percent fee on the value of commercial buildings they erect. Of the $163 million the state hopes to raise through the levy, $20 million would be set aside annually to replace the money that was provided by the affluent towns. The remainder would go toward providing affordable housing statewide.

Another $109 million in state realty transfer fee revenue, and an estimated $190 million in development fees already raised but not yet spent by municipalities, also would go toward the housing.

The legislation also would create five areas, each with 25 towns, that would work collectively to provide affordable housing in their regions. In four of those areas — the Highlands, the Pinelands, the Meadowlands and Fort Monmouth — they would seek to place as much of 50 percent of their affordable housing near mass transportation. The fifth area, the Atlantic City region, would have no restrictions on where the housing could be placed.

The legislation also would require that 20 percent of state-assisted development projects, such as transit villages, be set aside for affordable units. It would increase the maximum income to qualify for affordable housing from $63,000 to $87,000 for a family of four, and replace every affordable unit lost through redevelopment with another.

The proposal would create a State Housing Commission to develop an annual strategic housing plan, submit annual reports to the Legislature and require regular publication of affordable housing statistics.

For the full article from the Star Ledger, click here.

Posted in Affordable Housing, Highlands, Legislation, Pinelands | Leave a Comment »

 
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