New Jersey § 52:27d-329

§ 52:27d-329.

a. Notwithstanding any rules of the council to the contrary, for developments consisting

of newly-constructed residential units located, or to be located, within the jurisdiction

of any regional planning entity required to adopt a master plan or comprehensive management

plan pursuant to statutory law, including the New Jersey Meadowlands Commission pursuant

to subsection (i) of section 6 of P.L.1968, c. 404 ( C.13:17-6 ), the Pinelands Commission pursuant to section 7 of the “Pinelands Protection Act,”

P.L.1979, c. 111 ( C.13:18A-8 ), the Fort Monmouth Economic Revitalization Planning Authority pursuant to section

5 of P.L.2006, c. 16 ( C.52:27I-5 ), or its successor, and the Highlands Water Protection and Planning Council pursuant

to section 11 of P.L.2004, c. 120 ( C.13:20-11 ), but excluding joint planning boards formed pursuant to section 64 of P.L.1975,

c. 291 ( C.40:55D-77 ), there shall be required to be reserved for occupancy by low or moderate income

households at least 20 percent of the residential units constructed, to the extent

this is economically feasible. b. Subject to the provisions of subsection d. of this section, a developer of a project consisting of newly-constructed residential units being financed

in whole or in part with State funds, including, but not limited to, transit villages

designated by the Department of Transportation and units constructed on State-owned property, shall be required to reserve at least 20 percent of the residential units constructed

for occupancy by low or moderate income households, as those terms are defined in

section 4 of P.L.1985, c. 222 ( C.52:27D-304 ), with affordability controls as required under the rules of the council, unless

the municipality in which the property is located has received substantive certification

from the council and such a reservation is not required under the approved affordable

housing plan, or the municipality has been given a judgment of repose or a judgment

of compliance by the court, and such a reservation is not required under the approved

affordable housing plan. c. (1) The Legislature recognizes that regional planning entities are appropriately

positioned to take a broader role in the planning and provision of affordable housing

based on regional planning considerations. In recognition of the value of sound regional planning, including the desire to

foster economic growth, create a variety and choice of housing near public transportation,

protect critical environmental resources, including farmland and open space preservation,

and maximize the use of existing infrastructure, there is created a new program to

foster regional planning entities. (2) The regional planning entities identified in subsection a. of this section shall

identify and coordinate regional affordable housing opportunities in cooperation with

municipalities in areas with convenient access to infrastructure, employment opportunities,

and public transportation. Coordination of affordable housing opportunities may include methods to regionally

provide housing in line with regional concerns, such as transit needs or opportunities,

environmental concerns, or such other factors as the council may permit; provided,

however, that such provision by such a regional entity may not result in more than

a 50 percent change in the fair share obligation of any municipality; provided that

this limitation shall not apply to affordable housing units directly attributable

to development by the New Jersey Sports and Exposition Authority within the New Jersey

Meadowlands District. (3) In addition to the entities identified in subsection a. of this section, the Casino

Reinvestment Development Authority, in conjunction with the Atlantic County Planning

Board, shall identify and coordinate regional affordable housing opportunities directly

attributable to Atlantic City casino development, which may be provided anywhere within

Atlantic County, subject to the restrictions of paragraph (4) of this subsection. (4) The coordination of affordable housing opportunities by regional entities as identified

in this section shall not include activities which would provide housing units to

be located in those municipalities that are eligible to receive aid under the “Special

Municipal Aid Act,” P.L.1987, c. 75 ( C.52:27D-118.24 et seq. ), or are coextensive with a school district which qualified for designation as a

“special needs district” pursuant to the “Quality Education Act of 1990,” P.L.1990, c. 52 ( C.18A:7D-1 et al.), or at any time in the last 10 years have been qualified to receive assistance under P.L.1978, c. 14 ( C.52:27D-178 et seq. ) and that fall within the jurisdiction of any of the regional entities specified

in subsection a. of this section. d. Notwithstanding the provisions of subsection b. of this section, or any other law

or regulation to the contrary, for purposes of mixed use projects or qualified residential

projects in which a business receives a tax credit pursuant to P.L.2007, c. 346 ( C.34:1B-207 et seq. ) or a tax credit pursuant to section 35 of P.L.2009, c. 90 ( C.34:1B-209.3 ), or both, an “eligible municipality,” as defined in section 2 of P.L.2007, c. 346 ( C.34:1B-208 ), shall have the option of deciding the percentage of newly-constructed residential

units within the project, up to 20 percent of the total, required to be reserved for

occupancy by low or moderate income households. For a mixed use project or a qualified residential project that has received preliminary

or final site plan approval prior to the effective date of P.L.2011, c. 89, the percentage shall be deemed to be the percentage, if any, of units required to

be reserved for low or moderate income households in accordance with the terms and

conditions of such approval.