STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Requires municipalities to exempt 100% disabled veterans from construction permit surcharge fees for improvements to promote living unit accessibility; appropriates $20,000 for municipal reimbursements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning exemptions from certain construction permit surcharge fees, amending P.L.1989, c.223, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.223 (C.52:27D-126e) is amended to read as follows:
1. a. Notwithstanding the provisions of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or any rules, regulations or standards adopted pursuant thereto, to the contrary, the governing body of any municipality which has appointed an enforcing agency pursuant to the provisions of section 8 of P.L.1975, c.217 (C.52:27D-126) may, by ordinance, provide that no person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein.
The ordinance may further provide that a disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living unit.
For the purposes of this [section] subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the federal Social Security Act (42 U.S.C.416), or the federal Railroad Retirement Act of 1974 (45 U.S.C.231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
b. (1) Notwithstanding
the provisions of the "State Uniform Construction Code Act,"
P.L.1975, c.217 (C.52:27D-119 et seq.), or any rules, regulations or standards
adopted pursuant thereto, to the contrary, the governing body of any
municipality which has
appointed an enforcing agency, pursuant to the provisions of section 8 of
P.L.1975, c.217 (C.52:27D-126), shall not charge a person who has a service-connected
disability declared by the United States Veterans Administration or its
successor to be a total or 100% permanent disability, that would entitle them
to a property tax exemption under section 1 of P.L.1948, c.259 (C.54:4-3.30), or
a spouse, parent, sibling, or guardian of the disabled veteran, a construction
permit surcharge fee or enforcing agency fee for any construction,
reconstruction, alteration, or improvement designed and undertaken solely to
promote accessibility by the disabled veteran to his own living unit.
(2) A municipality that has granted an exemption from a construction permit surcharge fee or enforcing agency fee pursuant to paragraph (1) of this subsection may apply to the Department of Community Affairs, in accordance with rules and regulations promulgated by the Commissioner of Community Affairs for this purpose, for reimbursement of those exempt fees.
(cf: P.L.1996, c.92, s.1)
2. There is appropriated from the General Fund to the Department of Community Affairs the sum of $20,000 for the purpose of providing reimbursements to municipalities for exemptions required to be granted from construction permit surcharge fees or enforcing agency fees pursuant to this act.
3. This act shall take effect immediately.
STATEMENT
This bill would require municipalities to exempt 100% disabled veterans, or their caretakers, from the payment of any construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to his own living unit. Under current law, the exemption from such fees for all disabled persons is merely discretionary for the municipality by ordinance. A municipality would be entitled to reimbursement for the exempt fees upon application to the Department of Community Affairs. The bill appropriates $20,000 to the department for the purpose of funding the reimbursements.