SENATE STATE GOVERNMENT COMMITTEE

STATEMENT TO

[Second Reprint]

ASSEMBLY, No. 2309

STATE OF NEW JERSEY

DATED: MARCH 3, 1997

      The Senate State Government Committee reports favorably Assembly Bill No. 2309 (2R).

      This bill provides for the exclusion of certain sites when computing a municipal adjustment regarding available land resources as part of the determination of a municipality's fair share of affordable housing by the Council on Affordable Housing (COAH).

      COAH currently must exclude from designating as vacant land any land that is dedicated for conservation, park lands or open space purposes and which is owned by a county, municipality, or tax-exempt nonprofit organization.

      This bill provides for the exclusion of: 1) land that is dedicated for conservation, park lands or open space purposes and which is owned, leased, licensed, or in any manner operated by a county, municipality, or tax-exempt nonprofit organization, including a local board of education, or by more than one municipality by joint agreement pursuant to P.L.1964, c.185 (C.40:61-35.1 et seq.); 2) land which was designated by resolution by a local government as reserved for a public purpose other than housing; and 3) vacant contiguous parcels of land in private ownership of a size which would accommodate fewer than five housing units if current standards of COAH were applied pertaining to housing density.

      In addition, the bill requires that its provisions be applied retroactively to those matters in which a judicial determination has not been made or substantive certification has not been granted by the effective date of the bill.

      The bill furthers the Legislature's directive to COAH to adopt criteria and guidelines which provide for adequate land for open space and recreational purposes.