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  • NJ A5026
  • Authorizes municipal challenge to non-redevlopment housing projects ordered by COAH unless order is based on exclusionary zoning; excludes flood-prone land from affordable housing vacant land analysis; provides housing obligation cap.
In Committee
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill allows a municipality to challenge an order by the Council on Affordable Housing (COAH) to construct, or allow to be constructed, a non-redevelopment housing project on undeveloped land. The municipal challenge would be successful, unless the order by COAH is based on exclusionary zoning practices occurring in the municipality at the time the order is made. Additionally, this bill caps the number of units a municipality may have allocated as its fair share affordable housing obligation with regard to the size of the municipal population. Current law provides that no municipality shall be required to address a fair share of affordable housing units beyond 1,000 low and moderate income units within 10 years from the grant of substantive certification; except that a municipality may be allocated more than 1,000 units if, based upon an evidentiary hearing, it is found likely that the municipality, through its zoning powers, could create a realistic opportunity for more than 1,000 low and moderate income units within that 10-year period. For some municipalities in the State, this many additional units may increase the overall municipal population dramatically. In order to prevent the disparate impact this can create for municipalities with small populations, this bill provides that an allocation of units to a municipality as its fair share shall not exceed an amount that would result in an increase of the municipal population by more than five percent. Finally, this bill requires the exclusion of flood-prone land when computing a municipal adjustment of available land resources as part of the determination of a municipality's fair share affordable housing obligation. Currently, land may not be considered in determining a municipality's available land resources for affordable housing purposes if it contains any one of various special features, consisting of: (a) land owned by a government entity, and intended for a public purpose, (b) certain park land, open space and other land dedicated for conservation, (c) certain very small land parcels held in private ownership, (d) historic and architecturally important sites, (e) agricultural land with restricted development rights, (f) sites designated for active recreation, and (g) environmentally sensitive land where development is prohibited by law. This bill would also exclude from determinations of available land resources for affordable housing purposes any land that is (1) lower than the most recent "flood elevation determination," measured under federal standards, (2) lower than the applicable flood elevation standard required under regulations adopted pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), or (3) within 100 feet of category one waters, as designated by the Department of Environmental Protection. As defined under 44 C.F.R.59.1, a "flood elevation determination" refers to a determination by the Federal Insurance Administrator of the water surface elevations of a "base flood," also understood as a flood level that has a one percent or greater chance of occurrence in any given year. This bill directs the Department of Environmental Protection to adopt rules and regulations to guide determinations of flood-prone lands by the first day of the seventh month next following enactment. This bill remains inoperative until the first day of the seventh month next following enactment.
Not specified
Introduced, Referred to Assembly Housing and Community Development Committee  (on 6/19/2017)
Date Chamber Action Description
6/19/2017 A Introduced, Referred to Assembly Housing and Community Development Committee
Date Motion Yea Nay Other
None specified