On Thursday, the Senate Budget and Appropriations Committee, by a vote of 7 in favor, 1 against, and 5 abstentions, favorably reported out of committee S-4048 with committee amendments, which limits development in specifically designed historic districts. The League opposes this legislation as it usurps municipal authority.
This amended legislation narrowly defines historic district and grants waiver authority to the Planning Board where the historic district is located.
S-4048 defines “historic district” as an area in this state listed as a historic district on the National Register of Historic Places in accordance with the provisions of chapter 3021 of Title 54, United States Code (54 U.S.C. s.302101 et seq.) and on the New Jersey Register of Historic Places pursuant to N.J.S.A. 13:1B-15.128 et seq. which historic district consists of at least 100 contributing or not-assessed resources, according to the State Historic Preservation Office; and is located along a roadway designated for inclusion in the New Jersey Scenic and Historic Highways Program, established N.J.S.A. 27:5K-3. “Historic district,” however, shall not include an otherwise qualifying district if the district has been designated exclusively to preserve, in whole or in part, a waterway, including, but not limited to, a lake, river, or canal.
Under this narrow definition of historic district, this legislation applies to about eight locations throughout the state. However, in one instance, the historic district is in a neighboring municipality from the proposed development and grants land use authority to the neighboring municipality where there is no responsibility or accountability to the residents of the developing municipality.
The League opposes this legislation because it violates the long-held tenet of home rule where municipalities are able to make decisions for their communities and stand accountable to their residents. We encourage you to reach out to your Senators prior to Monday’s vote to register your objection to this legislation. The League thanks Senator Testa for voting no, as well as Chairman Sarlo, and Senators Johnson, Steinhardt, O’Scanlon, and Amato for abstaining from this vote.
S-4048 is scheduled for a Senate vote on Monday. The Assembly counterpart, A-5241, was favorably reported out of Assembly Commerce, Economic Development and Agriculture Committee on May 15 and was referenced to the Assembly State and Local Government Committee where it has yet to receive a hearing.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.