On Thursday, the Assembly Commerce, Economic Development, and Agriculture Committee amended and favorably reported A-5241, which limits development in specifically designed historic districts. The League opposes this legislation as it usurps municipal authority.
This amended legislation narrowly defines a historic district and grants waiver authority to the Planning Board where the historic district is located.
This legislation defines “historic district” as an area in this tate 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 P.L.1970, c.268 (C.13:1B-15.128 et seq.). which historic district: which 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 by section 3 of P.L. 2009, c.245 (C.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 nine 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.
A-5241 has been referred to the Assembly State and Local Government Committee. Its Senate companion, S-4048, is currently referenced to the Senate Budget and Appropriations Committee.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.