Bill > S3258

Introduced Session

This bill, entitled "The Preserving Affordable Main Streets Act," promotes equitable residential development throughout the State. Under the bill, a municipal zoning ordinance enacted by a municipality with a transit station, as defined in the bill, is to allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without requiring minimum parking requirements, mixed-use developments with at least four dwelling units, mixed-use developments with at least four live work units, as defined in the bill, and multiple dwellings with at least four dwellings units that: (1) are at a minimum density of fifteen units per acre; (2) are in at least 50 percent of the lot area served by water and sewer infrastructure; and (3) consist of a lot area at least 50 percent of which is within a one-half-mile radius of a municipality's primary transit station. The bill provides that a municipality with a transit station may dedicate, through the municipality's zoning ordinance, up to 50 percent of the types of development described in the bill within the area between a one-half-mile radius and a one-mile radius of the municipality's primary transit station, but only if the dedicated land area for these developments is located on a public right of way that directly connects to a municipality's primary transit station with adequate sidewalks, crosswalks, and other similar pedestrian facilities. If a municipality has two or more transit stations, the municipality is to designate one transit station as its primary transit station. Under the bill, a municipal zoning ordinance enacted by a municipality without a transit station is to allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without requiring minimum parking requirements, multiple dwellings: (1) in any municipality with a population of at least 500 persons per square mile according to the latest federal decennial census or a minimum population of 7,500 in the preceding calendar year; and (2) that consist of a lot area at least 50 percent of which is within one-quarter mile distance from at least one main street corridor. If a municipality does not have a clearly identifiable main street corridor, a municipality is to permit the use of multiple dwellings through the municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), in contiguous land encompassing an area of one-quarter square mile. The bill provides that for any development constructed pursuant to the bill, the approving authority is to make a decision on the application for the development or housing no later than 65 days after receipt of the application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw the application. The bill provides that, if a municipality fails to adopt or amend a master plan, zoning ordinance, land use ordinance, and other regulations within six months of the effective date of the bill, for the purposes of complying with the provisions of the bill, any noncompliant provision of an existing master plan, zoning ordinance, land use ordinance, or other regulation is to become null and void and a municipality shall approve or deny applications for housing developments in accordance with the requirements for regulations set forth under the provisions of the bill until the municipality adopts or amends a master plan, zoning ordinance, land use ordinance, or other regulation in compliance with the bill. Pursuant to the bill, a municipality is not to use or impose standards that burden an applicant through unreasonable costs or delays in the development of housing, and is not to condition the approval of housing described in the bill on the correction of a nonconforming use, structure, or lot.

Committee Categories

Raj Mukherji (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 05/16/2024)

Official Document