Posted by Phil Morin on May 29, 2009
Executive Order No. 118 requires the State Treasurer to identify entities considered “State redevelopment entities” for purposes of E.O. No. 118. The Treasurer has identified the New Jersey Meadowlands Commission, the New Jersey Redevelopment Authority and the Capital City Redevelopment Corporation as “State redevelopment entities.”
As a result, any “redevelopment agreements” with these entities will be subject to the terms and restrictions set forth in the Executive Order.
For the full statement from the State Treasurer, click here.
For the full text of Executive Order No. 118, click here.
Posted in Redevelopment | Leave a Comment »
Posted by Phil Morin on May 22, 2009
On Thursday, May 21, the Senate voted 22-14 to amend a bill sponsored by Sen. Paul Sarlo (D-Bergen) that would permit developers to convert age-restricted units to non-age-restricted units as long as they set aside a portion of the units for affordable housing.
The Senate agreed to the Governor’s changes set forth in his statement accompanying his conditional veto. The bill will now have to be approved by the Assembly before being sent to the Governor for his signature.
Under the terms of the bill (S-2577), for a developer to be eligible for conversion they would have to set aside 20 percent of the units for affordable housing.
According to the press release from the Senate Democrats:
The bill says if a developer converts an age-restricted project to non-age restricted, the units that are set aside for affordable housing would count toward a municipality’s affordable housing obligation. But the market rate units in the development would not generate any additional growth share obligation under the Fair Housing Act.
. . . .
In his conditional veto message, the Governor recommended that in order for a development to be converted from age-restricted to non age-restricted, the developer of the age-restricted development must agree that a minimum of 20 percent of the units in the development will be provided as affordable units. The Senate bill originally required only that the developer provide an amount not to exceed 20 percent.
The Governor also inserted language to provide that if the approving board determines that the requirements of the bill have been satisfied and the conversion can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance, the application for the conversion would be approved.
The Governor’s final recommendation modifies the appeal process within the bill, so the court would consider the reasonableness of the decision, rather than whether or not the criteria within the bill has been satisfied.
For the complete press release, click here.
For the Governor’s conditional veto message, click here.
Posted in Affordable Housing, Legislation | Leave a Comment »
Posted by Phil Morin on May 18, 2009
In a unanimous decision, the state Supreme Court ruled on March 13 that municipalities have the authority to charge builders and residents to replace trees they remove. In New Jersey Shore Builders Assn. v. Township of Jackson, the Supreme Court reversed an Appellate Division ruling which found the Jackson ordinance to not be a valid exercise of the municipality’s police power.
According to the Star Ledger:
The justices said a Jackson Township ordinance was valid not only because it would “ameliorate the evils of tree-cutting” but also because it would “serve general environmental goals.”
. . . .
While towns cannot force residents to plant trees on their own property, the court found they should have control over an increase in foliage.
“Because the township obviously cannot mandate that trees be replanted on other private property, its attempt to mitigate the effects of tree loss on private property by promoting replanting, wherever it can, is rational,” said the court’s decision.
For the Star Ledger article, click here.
Posted in Environmental Issues, General | Leave a Comment »
