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wcody
Posted: Wed, Jan 14 2009, 6:55 pm EST
Post subject: Re: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
The text of Sen. Lesniak's bill regarding COAH is online now. A summary statement from the bill follows. The full bill is located at
http://www.njleg.state.nj.us/2008/Bills/S2500/2485_I1.HTM
From my first scan of the bill, it looks like a good first step but is problematic if enacted as-is. A moratorium on the 2.5% development fee is good to encourage development in this economy. But, if the obligation to build housing based on that development remains, it will hurt towns like Cranbury which will need to rely more heavily on taxpayers to pay for housing. The bill also introduces the notion of a 25% cap on mandated affordable housing in a town which is also a good step.
I hope this is the start of an attempt to reform COAH that will get modified appropriately to benefit all parties. It is good to see there is bi-partisan support in Trenton to try and fix COAH.
Win Cody
excerpt from the bill
STATEMENT
This bill makes various changes to the "Fair Housing Act," P.L.1985, c.222 and to recently adopted law affecting the provision of affordable housing (P.L.2008, c.46 (C.52:27D-329.1 et al)). It is the belief of the sponsor that current regulatory scheme, rather than facilitating the creation of Mt. Laurel's "reasonable opportunity for an appropriate variety and choice of housing...to meet the needs, desires and resources of all categories of people may desire to live within its boundaries," impedes the development of housing affordable to all.
If enacted, this legislation would impose a moratorium on the collection of the 2.5 percent non-residential development fee imposed by the “Statewide Non-Residential Development Fee Act,” P.L.2008, c.46, for 18 months following the effective date. The revenue stream halted by the moratorium would be replaced by a $15 million appropriation from the Long term Obligation and Capital Expenditure Fund. Simultaneously, the bill charges the newly created State Housing Commission with reviewing the non-residential development fee program to determine whether the program has been effective and with making a recommendation about modifications or repeal of the fee collection program.
This legislation also now exempts properties used for an inherently beneficial use, including energy provision, from the non-residential development fee. The “Statewide Non-residential Development Fee Act” is also amended to exempt projects that that received site approvals prior to July 17, 2008, the effective date of the act. The bill also includes a refund mechanism for improperly paid fees.
This legislation would require the Council on Affordable Housing to fully credit municipalities when they reserve up to 25 percent of affordable units for individuals who work in or near the municipality. This bill also permits bonus credits whenever a municipality provides housing for very low income individuals, and provides for a two-to-one credit bonus for rental housing.
The bill also clarifies that the council may extend time frames for expenditure of municipal development trust funds on the basis of construction permitting and similar documentation concerning timelines. The bill provides that no municipality will have additional affordable housing obligations on the basis of reviews performed by its planning board or by the New Jersey Hackensack Meadowlands Commission.
This bill also charges the State Housing Commission created pursuant to P.L.2008, c.46, with reviewing the regulations of the Council on Affordable Housing for its effectiveness in generating affordable housing opportunities. The Commission is also required to file a report making recommendations concerning the rules.
Guest
Posted: Wed, Dec 24 2008, 3:06 pm EST
Post subject: Re: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
It seems that many legislators are coming up with their own versions of how to fix COAH. I remember reading Bateman, now Lesniak and a couple of others.
Any possibility of actually going back to the original Mt Laurel decision and having a Constitutional amendment to negate it?
Jay T.
Posted: Wed, Dec 24 2008, 1:29 pm EST
Post subject: Re: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
Here is my concern. While it is good to see, I have not been able to find any more details about the proposed legislation and as they say the devil is in the details. The only focus I see is the 2.5% fee. So if the legislation proposed does not address the formula for COAH or reduce the municipalities requirements by another means than all this does is place a further burden on the towns in the state and the tax payers.
As such, before I go looking at the legislation as a hopeful sign, I'd like to see the actual components to determine if this is a good thing for Cranbury.
I do echo the comments that it is good to see members of both parties looking to make changes. However, I wish these individuals who had supported A500 had their change of heart prior to voting yes.
Cranbury Conservative
Posted: Wed, Dec 24 2008, 9:04 am EST
Post subject: Re: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
The good news here is that Senator Lesniak is now seeking to change the affordable housing rules and regulations after earlier this year he supported Speaker Roberts A-500 legislation. So yes I agree the bi partisan effort we are seeing now is a good thing.
wcody
Posted: Tue, Dec 23 2008, 8:31 pm EST
Post subject: Re: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
I have not seen the detail of this bill yet. It will be interesting to see how helpful it will be. At least there is bi-partisan action to do something about COAH.
Win
wcody
Posted: Tue, Dec 23 2008, 8:29 pm EST
Post subject: SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
SENATOR LESNIAK’S STATEMENT ON COAH REFORM LEGISLATION
UNION -- Senator Raymond J. Lesniak, chair of the Senate Economic Growth Committee, released the following statement regarding the current Council on Affordable Housing’s (COAH) mandates, and his legislation to address the short-comings in the current affordable housing law and regulations:
“I have proposed a bill (S 2485) which would fix the faults in the current COAH guidelines that are stifling job growth and economic development in New Jersey. The bill would suspend the 2.5% development fee strangling our economic recovery as well as direct the State Housing Commission to recommend sound planning and economic principles sorely lacking in the current COAH mandates and regulations.
“I strongly urge Governor Corzine and the Senate and Assembly legislators to support this bill which will provide for affordable housing as well as relieve municipalities from the current over-reaching COAH mandates. Without substantive reform of how New Jersey meets its affordable housing obligations, we stand to do more harm than good for the future prosperity of the Garden State.”