"New Jersey Transit Villages Act."

A1868

ASSEMBLY, No. 1868

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAMES J. KENNEDY

District 22 (Somerset and Union)

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

Assemblywoman HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

Co-Sponsored by:

Assemblywoman Brennan

SYNOPSIS

���� "New Jersey Transit Villages Act."

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the establishment of transit villages,
supplementing Title 27 of the Revised Statutes, and amending P.L.1975, c.291.

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

���� 1.��� (New section)��� Sections
1 through 19 of this act shall be known and may be cited as the �New Jersey
Transit Villages Act.�

���� 2.��� (New section)��� The
Legislature finds and declares:

���� a.���� Historically, the
relationships between land use and transportation were quite clear and
efficient.� Communities were organized so that the goods that they produced
could easily be shipped to others, by road, canal, river, lake, or ocean, as
the particular geographical circumstances dictated.� Personal travel generally
occurred by the same routes.� The relationships were based on the functional
requirement of directly and efficiently moving goods and people, as well as on
the limited availability of alternative modes of travel and transport.

���� b.��� As the road network
began to expand throughout this State to accommodate increased automobile and
truck use, the relationship between land use and transportation changed.� The
proliferation of the private automobile as well as the increased number of cars
per household led to the creation of new patterns and densities of
development.� In the past 40 to 50 years, land use development patterns have
generally taken the form of decentralized, large-lot, single use districts,
connected by a maze of roadways.� Zoning and other government regulations have
reinforced this trend.

���� c.���� As undeveloped land has
become scarce and roadways have become more congested, people are reexamining
the original land use patterns within traditional �town-centered communities.��
In New Jersey this effort has been strongly supported by the State Development
and Redevelopment Plan adopted pursuant to P.L.1985, c.398 (C.52:18A-196 et
al.).� The opportunity now exists to redefine and develop new patterns of
development that encourage active, safe, pedestrian communities that support,
and are supported by, transit.

���� d.��� The �New Jersey Transit
Villages Act� will encourage individual municipalities to begin influencing
land use patterns, densities, the general character of their communities, and
eventually, the overall quality of life, while at the same time encouraging increased
rider-ship on transit systems that have been the focus of major public
investment.

���� e.���� Projected population
increases for the State will place significant strains on the highway and road
network.

���� f.���� Continuation of
existing development patterns that encourage single-occupancy vehicle
automobile trips, given these population increases, will lead to levels of
congestion beyond the mitigation ability of the State.

���� g.��� New Jersey drivers
collectively waste over 261 million hours per year sitting in traffic,
negatively impacting our quality of life and losing valuable time that could be
better spent with our families.� In terms of lost productivity, sitting in
traffic costs each New Jersey driver nearly $1,300 per year.

���� h.��� Encouraging development
and redevelopment based on smart growth principles will direct transportation
investments into the redevelopment of our older urban and suburban areas,
protect existing open space, conserve natural resources, increase transportation
options and transit availability, reduce automobile traffic and dependency,
stabilize property taxes, and provide affordable housing.

���� i.���� Efficient and compact
development patterns around transit hubs will encourage transit use, thereby
limiting congestion and reducing the strain on the existing road network.�
Therefore, it is in the best interest of the New Jersey Department of
Transportation to encourage this type of development wherever possible.

���� 3.��� (New section)� As used
in this act:

���� �Commissioner� means the
Commissioner of Transportation.

���� �Office of Smart Growth� means
the Office of State Planning established pursuant to section 6 of P.L.1985,
c.398 (C.52:18A-201).

���� "Transit village"
means, as designated by the commissioner, a compact, mixed-use, walkable
community, centered on a mass transit hub or access point that is regularly
served by a mass transit service or where there is a defined future potential
that will support a transit service that, by design, increases transit
ridership and reduces reliance on single-occupant vehicular transportation.

���� "Transit village plan
element" means a composite of one or more written or graphic proposals for
a compact, mixed-use, walkable community, centered on a mass transit hub or
access point that is regularly served by a mass transit service that is an
amendment and supplement to a municipality�s master plan.

���� "Transit village
zone" means a bounded area encompassing all parcels or portions of parcels
within one-half mile of a mass transit hub or access point and that is located
along a mass transit route, or that is identified as having potential for
transit service, as evidenced by existing or planned mixed-use development that
accommodates high commercial intensities, high employment clusters, moderate to
high residential density consistent with the State Development and
Redevelopment Plan as defined in the municipal zoning ordinance, and design
features that promote pedestrian and bicycle circulation.

���� 4.��� (New section)��� It is
the intent and purpose of this act to:

���� a.���� encourage municipal
action to promote intensive mixed-use development in close proximity to mass
transportation services, to be known as transit villages;

���� b.��� increase transit
ridership, reduce reliance on single-occupant vehicular traffic, and facilitate
pedestrian, bicycle, and mass transportation trips through clustering of uses
and urban design features;

���� c.���� promote residential
development with a mix of housing types and a range of housing prices,
including both owner-occupied housing and apartments, within transit villages;

���� d.��� improve mobility options
for pedestrians, cyclists, and transit dependent people;

���� e.���� promote use of mass
transportation by encouraging intermodal service and access by modes other than
single-occupant vehicles; and

����� f.��� encourage the
appropriate and efficient expenditure of public funds by the coordination of
public development with land use policies.

����� 5.�� (New section)��� a.�� The
municipal planning board may adopt a transit village plan element as an
amendment and supplement to its master plan pursuant to section 19 of P.L.1975,
c.291 (C.40:55D-28).

����� b.�� The transit village plan
element shall include a capital improvement subplan element for the plan area
that provides for shared parking and reduced parking for single-occupancy
vehicles within the plan area, the creation of mixed-use developments, minimum
development density standards, the improvement of bicycle and pedestrian
facilities, the connectivity of the street network, and measures to ensure
compliance with the federal "Americans with Disabilities Act of 1990"
(42 U.S.C. s. 12101 et seq.).� The capital improvement subplan element may also
include a mix of infrastructure financing strategies.

����� c.�� When a municipal
planning board has adopted a transit village plan element, the official map of
the municipality shall be amended to reflect the provisions of that plan.

����� d.�� The transit village plan
element shall include a circulation subplan element for the transit village
zone pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).

���� 6.��� (New section)��� a.�� The
Office of Smart Growth, in consultation with the commissioner and the Executive
Director of the New Jersey Transit Corporation, shall review a proposed transit
village plan element and determine whether it is consistent with the State
Development and Redevelopment Plan.

����� b.�� Following adoption or
amendment of a zoning ordinance to effectuate a transit village plan element
the governing body shall submit the ordinance to the commissioner for
designation of the transit village zone as a transit village.� The
commissioner, in consultation with the Executive Director of the New Jersey
Transit Corporation pursuant to subsection (e) of section 5 of
P.L.1966, c.301 (C.27:1A-5), shall designate a transit village zone as a
transit village if the commissioner determines that the plan is consistent with
the provisions of this act and the Statewide Capital Investment Strategy
prepared pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22).

���� c.���� The commissioner may
adopt rules and regulations, in accordance with the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate
the purposes of this section.

���� 7.��� (New section)��� a.�� A
municipality may establish a transit village zone pursuant to a transit village
plan element, in accordance with section 49 of P.L.1975, c.291 (C.40:55D-62).

���� b.��� Where the municipality
has adopted a development transfer ordinance each transit village zone shall be
designated as a receiving zone under that ordinance pursuant to P.L.��� ,
c.���� (C.���� ) (pending before the Legislature as this bill).

���� 8.��� (New section)��� The
commissioner, in consultation with the Office of Smart Growth, shall promulgate
rules and regulations for administration of a transit village grant funding
program.� These rules shall include but not be limited to: the criteria that a
municipality shall meet in order for the Office of Smart Growth to determine
that a transit village master plan element is consistent with the State
Development and Redevelopment Plan, adopted pursuant to P.L.1985, c.398
(C.52:18A-196 et al.); transit village design guidelines developed by the New
Jersey Transit Corporation; and incentives and benefits associated with being
designated as a transit village including, but not limited to, planning and
capital funding, funding for transit planning, funding for station improvement,
and prioritization for such funding.

���� 9.��� (New section)�� The
commissioner may enter into contracts with municipalities to maintain roads
within an area that has been designated as a transit village.

���� 10.� (New section)�� A
municipality and a county in which a transit village has been designated by the
commissioner, may be granted priority on all applications for funding from
programs that are administered by the Department of Transportation and the New
Jersey Transit Corporation that support the use of transit in the transit
village zone as an alternative to automobile transportation, the improvement of
mass transit accessibility, the creation of an environment around a transit
stop or station that supports pedestrian and transit use, the improvement of
mobility through the use of mass transit, the provision of local circulator
transit services that provide access to transit hubs, and the reduction of
traffic congestion.

���� 11.� (New section)�� A
municipality or a county in which a transit village has been designated by the
commissioner, shall receive priority on all applications for funding from
programs that are administered by State agencies and departments that support
the use of transit through transit oriented developments characterized by dense
clustering of buildings that include in the same buildings or in different
buildings within close proximity to each other residential, retail or
commercial space and office, industrial or other employment uses that do not
pose a nuisance to nearby residents, the preservation of green and open space,
and the reclamation of brown fields.

���� 12.� (New section)��� A
taxpayer shall be allowed a credit, to be computed as provided by regulation
promulgated by the State Treasurer in consultation with the Office of Smart
Growth, against the franchise tax imposed pursuant to section 5 of P.L.1945,
c.162 (C.54:10A-5) or against the tax otherwise due under the "New Jersey
Gross Income Tax Act," N.J.S.54A:1-1 et seq.� The credit shall be an
amount equal to four percent of allowable costs plus such other incentives
deemed appropriate, for any taxpayer who is an applicant for development and
who gains approval and constructs a development wholly within a designated transit
village.� For the purposes of this section, �allowable costs� means amounts
properly chargeable to a capital account, other than for the purchase or
remediation of the capital asset, which are paid or incurred for construction
or rehabilitation, including commissions; interest; legal, engineering,
architectural, and other professional fees allocable to construction or
rehabilitation; closing costs excluding open space taxes; and site costs, not
to exceed $200 per square foot of finished interior space.

���� 13.� (New section)�� A
municipality or county may receive funding in the form of loans or grants from
any public or private source in order to support the development of a transit
village.� Funding received from sources other than those that are administered
by State agencies and departments shall not bar a transit village from priority
funding under programs that are administered by State agencies and departments.

���� 14.� (New section)��� A
municipality or county in which a transit village has been designated by the
commissioner may establish financing mechanisms pursuant to the
"Redevelopment Area Bond Financing Law," sections 1 through 10 of
P.L.2001, c.310 (C.40A:12A-64 et seq.), to be utilized only for those
improvements that have been identified in the capital improvement subplan
element.

���� 15.� (New section)�� A
municipality in which a transit village has been designated by the commissioner
may use revenue allocation financing and the dedication of payments in lieu of
taxes toward the retirement of debt incurred in the development of the transit
village, pursuant to the "Revenue Allocation District Financing Act,"
sections 11 through 41 of P.L.2001, c.310 (C.52:27D-459 et seq.), to make those
improvements that have been identified in the capital improvement subplan
element.

���� 16.� (New section)�� A
municipality in which a transit village that has been designated by the
commissioner is located on a Brownfield site shall be eligible to participate
in remediation programs and receive funding pursuant to the "Brownfield
and Contaminated Site Remediation Act," sections 23 through 43 and section
45 of P.L.1993, c.139 (C.58:10B-1 et seq.).

���� 17.� (New section)�� Notwithstanding
any rule or regulation to the contrary, home buyers purchasing homes in a
transit village designated by the commissioner, that have been developed
pursuant to a transit village plan element, capital improvement program, and
transit village ordinance, shall be eligible for home buyer homeownership
programs offered through New Jersey Housing and Mortgage Finance Agency.

���� 18.� (New section)�� The New
Jersey Department of Environmental Protection may develop an expedited and
coordinated permit review and approval process for transit villages designated
by the Commissioner of Transportation. The applicability of this expedited and
coordinated permit review and approval process shall include, but not be
limited to, permits involving environmental natural resource and site
remediation issues.

���� 19.� (New section)�� A minimum
safe distance, as determined by New Jersey Transit Corporation, shall be
maintained between active New Jersey Transit rail lines and any development
within a transit village.

���� 20.� Section 19 of P.L.1975,
c.291 (C.40:55D-28) is amended to read as follows:

���� 19.�
[
Preparation;
contents; modification.
]

���� 19.� Preparation; contents;
modification.

���� a.���� The planning board may
prepare and, after public hearing, adopt or amend a master plan or component
parts thereof, to guide the use of lands within the municipality in a manner
which protects public health and safety and promotes the general welfare.

���� b.��� The master plan shall
generally comprise a report or statement and land use and development
proposals, with maps, diagrams and text, presenting, at least the following
elements (1) and (2) and, where appropriate, the following elements (3) through

[
(17)
]

(18)
:

���� (1)�� A statement of
objectives, principles, assumptions, policies and standards upon which the
constituent proposals for the physical, economic and social development of the
municipality are based;

���� (2)�� A land use plan element

���� (a)�� taking into account and
stating its relationship to the statement provided for in paragraph (1) hereof,
and other master plan elements provided for in paragraphs (3) through (17)
hereof and natural conditions, including, but not necessarily limited to, topography,
soil conditions, water supply, drainage, flood plain areas, marshes, and
woodlands;

���� (b)�� showing the existing and
proposed location, extent and intensity of development of land to be used in
the future for varying types of residential, commercial, industrial,
agricultural, recreational, open space, educational and other public and
private purposes or combination of purposes including any provisions for
cluster development; and stating the relationship thereof to the existing and
any proposed zone plan and zoning ordinance;

���� (c)�� showing the existing and
proposed location of any airports and the boundaries of any airport safety
zones delineated pursuant to the "Air Safety and Zoning Act of 1983,"
P.L.1983, c.260 (C.6:1-80 et al.);

���� (d)�� including a statement of
the standards of population density and development intensity recommended for
the municipality;

���� (e)�� showing the existing and
proposed location of military facilities and incorporating strategies to
minimize undue encroachment upon, and conflicts with, military facilities,
including but not limited to: limiting heights of buildings and structures
nearby flight paths or sight lines of aircraft; buffering residential areas
from noise associated

with a military facility; and
allowing for the potential expansion of military facilities;

���� (f)�� including, for any land
use plan element adopted after the effective date of P.L.2017, c.275, a
statement of strategy concerning:

���� (i)��� smart growth which, in
part, shall consider potential locations for the installation of electric
vehicle charging stations,

���� (ii)�� storm resiliency with
respect to energy supply, flood-prone areas, and environmental infrastructure,
and

���� (iii)� environmental
sustainability;

���� (g)�� showing the existing and
proposed location of public electric vehicle charging infrastructure; and

���� (h)�� including, for any land
use plan element adopted after the effective date of P.L.2021, c.6, a climate
change-related hazard vulnerability assessment which shall (i) analyze current
and future threats to, and vulnerabilities of, the municipality associated with
climate change-related natural hazards, including, but not limited to increased
temperatures, drought, flooding, hurricanes, and sea-level rise; (ii) include a
build-out analysis of future residential, commercial, industrial, and other
development in the municipality, and an assessment of the threats and
vulnerabilities identified in subsubparagraph (i) of this subparagraph related
to that development; (iii) identify critical facilities, utilities, roadways,
and other infrastructure that is necessary for evacuation purposes and for
sustaining quality of life during a natural disaster, to be maintained at all
times in an operational state; (iv) analyze the potential impact of natural
hazards on relevant components and elements of the master plan; (v) provide
strategies and design standards that may be implemented to reduce or avoid
risks associated with natural hazards; (vi) include a specific policy statement
on the consistency, coordination, and integration of the climate-change related
hazard vulnerability assessment with any existing or proposed natural hazard
mitigation plan, floodplain management plan, comprehensive emergency management
plan, emergency response plan, post-disaster recovery plan, or capital
improvement plan; and (vii) rely on the most recent natural hazard projections
and best available science provided by the New Jersey Department of
Environmental Protection;

���� (3)�� A housing plan element
pursuant to section 10 of P.L.1985, c.222 (C.52:27D-310), including, but not
limited to, residential standards and proposals for the construction and
improvement of housing;

���� (4)�� A circulation plan
element showing the location and types of facilities for all modes of
transportation required for the efficient movement of people and goods into,
about, and through the municipality, taking into account the functional highway
classification system of the Federal Highway Administration, the types,
locations, conditions and availability of existing and proposed transportation
facilities, including air, water, road and rail, and identifying existing and
proposed locations for public electric vehicle charging infrastructure;

���� (5)�� A utility service plan
element analyzing the need for and showing the future general location of water
supply and distribution facilities, drainage and flood control facilities,
sewerage and waste treatment, solid waste disposal and provision for other related
utilities, and including any storm water management plan required pursuant to
the provisions of P.L.1981, c.32 (C.40:55D-93 et al.).� If a municipality
prepares a utility service plan element as a condition for adopting a
development transfer ordinance pursuant to subsection c. of section 4 of
P.L.2004, c.2 (C.40:55D-140), the plan element shall address the provision of
utilities in the receiving zone as provided thereunder;

���� (6)�� A community facilities
plan element showing the existing and proposed location and type of educational
or cultural facilities, historic sites, libraries, hospitals, firehouses,
police stations and other related facilities, including their relation to the
surrounding areas;

���� (7)�� A recreation plan
element showing a comprehensive system of areas and public sites for
recreation;

���� (8)�� A conservation plan
element providing for the preservation, conservation, and utilization of
natural resources, including, to the extent appropriate, energy, open space,
water supply, forests, soil, marshes, wetlands, harbors, rivers and other
waters, fisheries, endangered or threatened species wildlife and other
resources, and which systemically analyzes the impact of each other component
and element of the master plan on the present and future preservation,
conservation and utilization of those resources;

���� (9)�� An economic plan element
considering all aspects of economic development and sustained economic
vitality, including (a) a comparison of the types of employment expected to be
provided by the economic development to be promoted with the characteristics of
the labor pool resident in the municipality and nearby areas and (b) an
analysis of the stability and diversity of the economic development to be
promoted;

���� (10) An historic preservation
plan element: (a) indicating the location and significance of historic sites
and historic districts; (b) identifying the standards used to assess worthiness
for historic site or district identification; and (c) analyzing the impact of
each component and element of the master plan on the preservation of historic
sites and districts;

���� (11) Appendices or separate
reports containing the technical foundation for the master plan and its
constituent elements;

���� (12) A recycling plan element
which incorporates the State Recycling Plan goals, including provisions for the
collection, disposition and recycling of recyclable materials designated in the
municipal recycling ordinance, and for the collection, disposition and
recycling of recyclable materials within any development proposal for the
construction of 50 or more units of single-family residential housing or 25 or
more units of multi-family residential housing and any commercial or industrial
development proposal for the utilization of 1,000 square feet or more of land;

���� (13) A farmland preservation
plan element, which shall include: an inventory of farm properties and a map
illustrating significant areas of agricultural land; a statement showing that
municipal ordinances support and promote agriculture as a business; and a plan
for preserving as much farmland as possible in the short term by leveraging
moneys made available by P.L.1999, c.152 (C.13:8C-1 et al.) through a variety
of mechanisms including, but not limited to, utilizing option agreements,
installment purchases, and encouraging donations of permanent development
easements;

���� (14) A development transfer
plan element which sets forth the public purposes, the locations of sending and
receiving zones and the technical details of a development transfer program
based on the provisions of section 5 of P.L.2004, c.2 (C.40:55D-141);

���� (15) An educational facilities
plan element which incorporates the purposes and goals of the "long-range
facilities plan" required to be submitted to the Commissioner of Education
by a school district pursuant to section 4 of P.L.2000, c.72 (C.18A:7G-4);

���� (16)� A green buildings and
environmental sustainability plan element, which shall provide for, encourage,
and promote the efficient use of natural resources and the installation and
usage of renewable energy systems; consider, encourage and promote the development
of public electric vehicle charging infrastructure in locations appropriate for
their development, including but not limited to, commercial districts, areas
proximate to public transportation and transit facilities and transportation
corridors, and public rest stops; consider the impact of buildings on the
local, regional and global environment; allow ecosystems to function naturally;
conserve and reuse water; treat storm water on-site; and optimize climatic
conditions through site orientation and design;
[
and
]

���� (17)� A public access plan
element that provides for, encourages, and promotes permanently protected
public access to all tidal waters and adjacent shorelines consistent with the
public trust doctrine, and which shall include a map and inventory of public
access points, public facilities that support access, parking, boat ramps, and
marinas; an assessment of the need for additional public access; a statement of
goals and administrative mechanisms to ensure that access will be permanently
protected; and a strategy that describes the forms of access to satisfy the
need for such access with an implementation schedule and tools for
implementation
; and

����
(18)� A transit village
plan element that sets forth the public purposes and location of any transit
village zone in the municipality.� The transit village plan element shall
specify the location of transit oriented developments within the transit
village zone and the standards of population density and development intensity
that apply within that transit village zone.� The transit village plan element
shall include a specific circulation subplan element for the transit village.�
The circulation subplan element shall include recommendations to facilitate
pedestrian, bicycle, and transit use, and address, among other things, the
current level of automobile, pedestrian, and bicycle access to transit and
improvements thereto with a goal of increasing ridership without significantly
increasing the proportion of transit users that access the transit station,
stop, or access point by single- occupant automobiles, and further include
recommendations for improvements such as increased connectivity of the street
network, park-and-ride facilities for transit users, including location, size,
and layout, rail station upgrading, and bus stop facilities.� The circulation
subplan element may include, but is not limited to, the following: recommended
improvements in service such as the institution of a shuttle service to rail
stations; shared parking facilities, pricing, and other opportunities to reduce
the amount of parking or the amount of land devoted to parking; routing bus
services to employment and shopping areas; and proposed road widening, lane
striping, and signalization improvements needed to facilitate automobile and
pedestrian access to transit stations and pedestrian access improvements,
including compliance with the federal "Americans with Disabilities Act of
1990" (42 U.S.C. s. 12101 et seq.).� Prior to adopting the transit village
plan element, the planning board shall first consult with the New Jersey
Transit Corporation to review the proposed transit village zone, any proposed
park-and-ride locations, and layout, in order to ensure compatibility with
existing and proposed service and to address pedestrian and vehicular safety,
and then submit the proposed plan element to the Office of Smart Growth for a
determination of consistency with the State Development and Redevelopment Plan
.

���� c.���� The master plan and its
plan elements may be divided into subplans and subplan elements projected
according to periods of time or staging sequences.

���� d.��� The master plan shall
include a specific policy statement indicating the relationship of the proposed
development of the municipality, as developed in the master plan to (1) the
master plans of contiguous municipalities, (2) the master plan of the county in
which the municipality is located, (3) the State Development and Redevelopment
Plan adopted pursuant to the "State Planning Act," sections 1 through
12 of P.L.1985, c.398 (C.52:18A-196 et seq.) and (4) the district solid waste
management plan required pursuant to the provisions of the "Solid Waste
Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) of the county in which
the municipality is located.

���� In the case of a municipality
situated within the Highlands Region, as defined in section 3 of P.L.2004,
c.120 (C.13:20-3), the master plan shall include a specific policy statement
indicating the relationship of the proposed development of the municipality, as
developed in the master plan, to the Highlands regional master plan adopted
pursuant to section 8 of P.L.2004, c.120 (C.13:20-8).

(cf: P.L.2021, c.6, s.1.)

���� 21.� Section 49 of P.L.1975,
c.291 (C.40:55D-62) is amended to read as follows:

���� 49.�
[
Power to zone.
]
���� a.�� The
governing body may adopt or amend a zoning ordinance relating to the nature and
extent of the uses of land and of buildings and structures thereon.� Such
ordinance shall be adopted after the planning board has adopted the land use
plan element and the housing plan element of a master plan, and all of the
provisions of such zoning ordinance or any amendment or revision thereto shall
either be substantially consistent with the land use plan element and the
housing plan element of the master plan or designed to effectuate such plan
elements; provided that the governing body may adopt a zoning ordinance or
amendment or revision thereto which in whole or part is inconsistent with or
not designed to effectuate the land use plan element and the housing plan element,
but only by affirmative vote of a majority of the full authorized membership of
the governing body, with the reasons of the governing body for so acting set
forth in a resolution and recorded in its minutes when adopting such a zoning
ordinance; and provided further that, notwithstanding anything aforesaid, the
governing body may adopt an interim zoning ordinance pursuant to subsection b.
of section 77 of P.L.1975, c.291 (C.40:55D-90).

���� The zoning ordinance shall be
drawn with reasonable consideration to the character of each district and its
peculiar suitability for particular uses and to encourage the most appropriate
use of land.� The regulations in the zoning ordinance shall be uniform
throughout each district for each class or kind of buildings or other structure
or uses of land, including planned unit development, planned unit residential
development and cluster development, but the regulations in one district may
differ from those in other districts.

���� b.��� No zoning ordinance and
no amendment or revision to any zoning ordinance shall be submitted to or
adopted by initiative or referendum.

���� c.���� The zoning ordinance
shall provide for the regulation of any airport safety zones delineated under
the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et
seq.), in conformity with standards promulgated by the Commissioner of Transportation.

���� d.��� The zoning ordinance
shall provide for the regulation of land adjacent to State highways in
conformity with the State highway access management code adopted by the
Commissioner of Transportation under section 3 of the "State Highway
Access Management Act," P.L.1989, c.32 (C.27:7-91), for the regulation of
land with access to county roads and highways in conformity with any access
management code adopted by the county under R.S.27:16-1 and for the regulation
of land with access to municipal streets and highways in conformity with any
municipal access management code adopted under R.S.40:67-1. This subsection
shall not be construed as requiring a zoning ordinance to establish minimum lot
sizes or minimum frontage requirements for lots adjacent to but restricted from
access to a State highway.

����
e.���� The governing body
may adopt or amend a zoning ordinance to set forth a transit village zone that
shall either be substantially consistent with a transit village plan element of
the master plan or designed to effectuate that plan element.� Upon adoption or
amendment of a zoning ordinance pursuant to this subsection the governing body
may submit the ordinance to the Commissioner of Transportation for designation
of the zone as a transit village.

����
f.���� A municipality that
is seeking to establish a transit village zone shall establish zoning that is
supportive of transit service and development.� A municipality that is seeking
to establish a transit village development district shall designate an area around
the transit facility in which it intends to develop a plan that supports
pedestrian and transit use and adopt zoning regulations that will enforce the
objectives of the transit village zone.

(cf: P.L.2013, c.106, s.13)

���� 22.� (New section)
�� The commissioner may allocate up to $10 million per year
for the three years next following the enactment of this act from whatever
State or federal funds are made available for the purposes of this act;
however, the Legislature may authorize a greater amount.

���� 23.� This act shall take
effect immediately.

STATEMENT

���� This bill establishes the
"New Jersey Transit Villages Act" for the purpose of encouraging
municipalities to promote intensive mixed-use development within close
proximity to mass transit.

���� The bill encourages
municipalities to use transit-oriented development techniques by directing
transportation investments into the redevelopment of our older urban and
suburban areas around transit hubs.� The bill also seeks to increase
transportation options and transit availability, which will have the effect of
reducing automobile traffic, stabilizing property taxes, and providing
affordable housing.

���� Several years ago the New Jersey Department of Transportation and the New Jersey Transit Corporation administratively
established the "Transit Village Initiative" to encourage appropriate
intensive development within a half-mile radius of mass transit facilities.�
This bill would codify the Transit Village Initiative and permit State funding
to be used to further the goals of the program.