STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator LORETTA WEINBERG
District 37 (Bergen)
Permits municipalities to require developers to make contributions for mass transit improvements.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning developers and mass transit improvements and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 30 of P.L.1975, c.291 (C.40:55D-42) is amended to read as follows:
30. Contribution for off-tract water, sewer, drainage, and street improvements. The governing body may by ordinance adopt regulations requiring a developer, as a condition for approval of a subdivision or site plan, to pay the pro-rata share of the cost of providing only reasonable and necessary street and, if applicable, mass transit improvements and water, sewerage and drainage facilities, and easements therefor, located off-tract but necessitated or required by construction or improvements within such subdivision or development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to [subsections 19b.(4) and 19b.(5)] paragraphs (4) and (5) of subsection b. of section 19 of [this act] P.L.1975, c.291 (C.40:55D-28), respectively, and shall establish fair and reasonable standards to determine the proportionate or pro-rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area, which standards shall not be altered subsequent to preliminary approval. Any regulations requiring a developer to pay a share of the cost of mass transit improvements shall be adopted in consultation with each agency providing mass transit service within the municipality.
Where a developer pays the amount determined as [his] the pro-rata share under protest [he] the developer shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
(cf: P.L.1998, c.95, s.8)
2. This act shall take effect immediately.
This bill would enable a municipality to require a developer to contribute to the cost of reasonable and necessary mass transit improvements located off-tract of a development, but necessitated or required by the development. Current law authorizes municipalities to require such developer contributions for street
improvements and water, sewerage, and drainage facilities, but not for mass transit improvements. Municipalities would have to develop the regulations governing these mass transit developer contributions in consultation with the affected mass transit agencies. This bill is intended to help municipalities accommodate additional mass transit usage created by new developments.