STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Permits municipalities to require developers to make contributions for mass transit improvements.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee with technical review.
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.