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A1226
ASSEMBLY, No. 1226
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Exempts contaminated and industrially-zoned sites
from affordable housing rules.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning affordable housing and supplementing
P.L.1985, c.222 (C.52:27D-301 et al.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Notwithstanding any
regulation of the Council on Affordable Housing to the contrary, no fair share
obligation shall result from and no fees by municipalities shall be permitted
to be charged to a developer pursuant to the �Fair Housing Act,� P.L.1985, c.222
(C.52:27D-301 et al.), upon the construction of facilities on land that has
been designated as a contaminated site by the New Jersey Department of
Environmental Protection or that is zoned for industrial use.
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill would prohibit the
Council on Affordable Housing to the calculate fair share affordable housing
obligation for a municipality on the basis of any development of contaminated
sites or industrial sites within its borders.� In addition, the bill directs
that a municipality shall not charge fees to a developer pursuant to the �Fair
Housing Act,� P.L.1985, c.222 (C.52:27D-301 et al.), upon the developer�s
remediation of a contaminated site or application for development of an
industrially-zoned site.
���� Developers and others expend
significant resources to turn land which has been contaminated with toxins into
useful, developable land.� In addition, the development of a certain amount of
land within a municipality for industry is not only desirable, but necessary to
support the residential housing in the community.� Under the council�s formula
for the fair share housing obligation, promulgated pursuant to the �Fair
Housing Act,� a municipality could be faced with an increase of its affordable
housing obligation upon a contaminated remediation, or upon the development of
any industrially zoned land.� In addition, the developer of the such land may
be charged fees by the municipality if all of the land will not be used for
affordable housing construction.� This results in a great disincentive to
remediate contaminated and for industry to locate to a municipality.� Some
experts estimate that New Jersey is quickly running out of developable land,
and therefore incentives to remediate contaminated land should be provided,
rather than policies which serve as disincentives to such remediation.� The
economic necessity of attracting business and industry to New Jersey speaks for
itself.� Since industrial zones are permitted under current land use statutes,
development of such zones should not be discouraged.