[Second Reprint]

SENATE, No. 912

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 7, 1996

 

 

By Senators EWING, CAFIERO, Matheussen and Inverso

 

 

An Act concerning 1[concerning]1 the waiver of enforcing agency fees in certain circumstances and amending 1[P.L.1975, c.217] P.L.1989, c.2231 2and P.L.1975, c.2912.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 1 of 1[P.L.1975, c.217] P.L.1989, c.2231 (C.52:27D-126e) is amended to read as follows:

    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) 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 [the handicapped] disabled persons to an existing public or private structure or any of the facilities contained therein.

    2[A] The ordinance may further provide that a2 disabled person 1, or a parent or sibling of a disabled person,1 shall not be required to pay any municipal fee or charge 2[, including fees related to site plan review,]2 in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to his own living 1[unit] unit1.

    For the purposes of this section, "[handicapped] 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.

(cf: P.L.1989, c.223, s.1)

 

    22. Section 4 of P.L.1975, c.291 (C.40:55D-8) is amended to read as follows:

    4. a. Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or with any applicable ordinance, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer.

    b. Fees to be charged (1) an applicant for review of an application for development by a municipal agency, and (2) an appellant pursuant to section 8 of this act shall be reasonable and shall be established by ordinance.

    c. A municipality may by ordinance exempt, according to uniform standards, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. { 501(c) or (d)) from the payment of any fee charged under this act.

    d. A municipality shall exempt a board of education from the payment of any fee charged under this act.

    e. A municipality may by ordinance exempt, according to uniform standards, a disabled person, or a parent or sibling of a disabled person, from the payment of any fee charged under this act in connection with any application for development which promotes accessibility to his own living unit.

    For the purposes of this 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.2

(cf: P.L.1989, c.43, s.1)

    2[2.] 3.2 This act shall take effect on the first day of the sixth month after enactment.

 

 

 

Waives construction permit fees for certain residential renovations by disabled persons.