STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
SYNOPSIS
Permits municipalities to apply excess development fees collected to certain infrastructure improvement costs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning development fees for 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. Notwithstanding any statute or regulation to the contrary, whenever a municipality which is authorized to collect development fees pursuant to regulations promulgated by the Council on Affordable Housing has collected an amount beyond the amount sufficient to meet its fair share obligation as determined by the council, the excess amount of development fees may be applied to help offset the costs of road improvements, drainage improvements, or other general improvements to the municipality relating to the impacts of development. The application of any excess fees to such costs shall be subject to the approval of and monitoring by the council.
2. This act shall take effect immediately.
STATEMENT
This bill would permit those municipalities which are authorized to collect development fees, have met their fair share obligation as determined by the Council on Affordable Housing (COAH), and have collected amounts of development fees beyond that needed for affordable housing, to apply the excess fees to help offset the costs of road improvements, drainage improvements, or other general improvements to the municipality relating to the impacts of development. The application of any excess fees to such costs will be subject to the approval of and monitoring by the council.
Only those municipalities which have received substantive certification are authorized to collect development fees. These municipalities are deemed to be meeting their affordable housing obligation. Current COAH regulations do not permit the use of development fees to help defray the costs associated with development, such as infrastructure improvements to roads, sewers, and drainage projects. This bill would permit those municipalities which are deemed to be meeting their affordable housing obligation to offset associated costs arising from development. It is the intent of the sponsor to assist municipalities in defraying costs associated with the provision of affordable housing and also to provide an incentive to other municipalities to develop affordable housing.