A1210

An Act establishing an “Enhanced Transit Village Program” in the Office of Planning Advocacy and supplementing Title 52 of the Revised Statutes.

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

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Commissioner” means the Commissioner of the Department of Transportation.

“Department” means the Department of Transportation established pursuant to section 2 of P.L.1966, c.301 (C.27:1A-2) or any successor agency.

“Director” means the Director of the Office of Planning Advocacy.

“Distressed municipality” means a municipality with a municipal revitalization index score of 50 or more as identified in the Municipal Revitalization Index published by the Department of Community Affairs.

“Enhanced Transit Village” means a bounded area encompassing all parcels or portions of parcels designated by a transit village municipality within not less than one-half mile of passenger rail, motorbus, or ferry stations or terminals, or a compact, walkable, pedestrian-oriented, mixed-use downtown serviced by a motorbus regular route, which has been designated by the Office of Planning Advocacy as an “enhanced transit village” pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Office” means the Office of Planning Advocacy in the Department of State established pursuant to section 6 of P.L.1985, c.398 (C.52:18A-201) or any successor agency.

“Place-making” means the concerted effort of transforming a public place into a meaningful, attractive, vibrant and memorable space that attracts residents and visitors for leisure, relaxation, economic exchange, or civic celebration.

“Program” means the Enhanced Transit Village Program established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Transit village” means a municipality designated as a transit village by the Department of Transportation through the multi-agency Transit Village Task Force under the transit village initiative developed by the department, and utilized to distribute transit village grants in the annual State capital program and technical assistance from the Transit Village Task Force.

2. a. There is established in the Office of Planning Advocacy in the Department of State, in coordination with the Transit Village Task Force, as necessary, an “Enhanced Transit Village Program” for the purpose of helping communities upgrade their core transit hubs by incentivizing mixed-use development in close proximity to public transportation service using land-use patterns based on smart growth principles. The office shall administer the program with the support and cooperation of the Department of Transportation.

b. The office shall be responsible for the administration of the planning and land use components of the program, which shall include, but not be limited to:

(1) administration of the review and selection of enhanced transit villages from among transit village municipalities, in conjunction with the inter-agency Transit Village Task Force, that apply to participate in the program, pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) providing assistance to transit village municipalities with the planning and zoning assessments and changes necessary to become an enhanced transit village. In the event that the governing body of a transit village municipality determines to participate in the program, the governing body shall apply to the program in a form and manner, pursuant to subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), as determined by the director;

(3) any planning assistance to the department to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(4) approving the municipality’s enhanced transit village plan.

c. The department shall be responsible for administration of the transportation infrastructure components of the program, which shall include, but not be limited to:

(1) providing guidance to municipalities on managing transportation infrastructure, facilitating enhanced density, and promoting multimodalism;

(2) the administration of transportation infrastructure grants under the program;

(3) developing applications, providing technical assistance, and competing for federal grant funds, and prioritizing the allocation of federal formula funds that are highly compatible with infrastructure upgrades in the enhanced transit village plan;

(4) ensuring that a department program staff liaison is dedicated to administering and coordinating the program;

(5) reviewing all roads within the enhanced transit village for conformance with the Complete and Green Streets Policy guidelines issued by the department and providing guidance and funding support to bring roads into conformance;

(6) coordination of any necessary State road repairs and improvements that support the enhanced transit village plan;

(7) planning support to the office to increase local street grid, pedestrian, and bike route connectivity;

(8) prioritization of department Local Aid and Economic Development funding for program projects; and

(9) providing any planning assistance to the office to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. a. The office shall structure the program to provide technical assistance and financial support to improve the place-making quality of the enhanced transit village, increase the walkability and bikeability of the area, to improve walking and biking connections to transit, to reduce the dominance of automobiles and auto-centric infrastructure in the area, to increase the number, type, and range of housing opportunities, and to ensure a mix of commercial and public uses that support residents and commuters.

b. For residential lots located within an enhanced transit village, the program shall establish an as-of-right residential building option with at least two densities depending on the distance from the central transit point, established for the enhanced transit village:

(1) within one-quarter mile of the central transit point, not less than 50 units per acre; and

(2) beyond one-quarter mile of the central transit to the outer boundary of the enhanced transit village, not less than 25 units per acre.

The office shall have the discretion to set density levels outside of these parameters from location to location based on the existing development patterns of the enhanced transit village, in a way that gradually increases residential density in a context-sensitive manner that the local infrastructure is capable of absorbing.

c. The office shall develop an application process that a transit village’s municipal governing body shall use to apply to the program that shall include, but not be limited to, the following requirements:

(1) the submission of a resolution by the municipal governing body stipulating its willingness to meet the requirements of the program;.

(2) the documentation of the municipality’s visioning process, with stakeholder engagement, for the enhanced transit village;

(3) proof the municipality has articulated in its master plan and its zoning provisions to meet the requirements of the program;

(4) documentation of a map indicating the central transit point and the boundaries of the proposed enhanced transit village providing that the boundaries fall no farther than a mile radius from the necessary transit facility or route;

(5) the provision of a current zoning map identifying all zones in the enhanced transit village along with the applicable zoning codes and land development ordinances;

(6) proof of the adoption of a transit-oriented development plan or zoning ordinance that meets smart growth requirements pursuant to subsection d. of this section, which shall include, but not be limited to, the following:

(a) a residential component, including affordable housing; and

(b) a compact, mixed-use, pedestrian-friendly, transit-supportive site and architectural design component;

(7) the specific locations of the anticipated transit-oriented development sites;

(8) identification of, and commitment to, bicycle and pedestrian improvements;

(9) identification of, and commitment to, place-making efforts; and

(10) a commitment to annually provide to the office performance metrics and progress concerning the program, all of which will be submitted to the office for review.

d. The smart growth requirements a municipality shall meet in applying to the program, pursuant to paragraph (6) of subsection c. of this section, shall include, but not be limited to the provision that:

(1) 30 percent of residential housing units to be constructed within the enhanced transit village shall be affordable housing, with 10 percent low-income housing units, 10 percent moderate-income housing units, and 10 percent middle-income housing, unless the municipality is a distressed municipality, in which case the office may adjust this requirement while ensuring minimal displacement of existing residents;

(2) the development of active ground floor spaces, such as retail, service, or similar commercial facilities along the frontage of any street of strong commercial character within the enhanced transit village, as is feasible;

(3) all streets and pedestrian pathways through the enhanced transit village shall be fully accessible to the general public and that all developments in the enhanced transit village shall be connected to the surrounding street network in order to promote pedestrian circulation within the enhanced transit village to and from locations outside of the village;

(4) all residential units shall satisfy energy efficiency standards under the New Jersey Home Performance with Energy Star program or the code promulgated pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.), whichever provides for greater energy efficiency; and

(5) no more than 25 percent of residential housing units to be constructed in an enhanced transit village are to be restricted for occupancy on the basis of the age of an occupant.

4. The office may seek the assistance and avail itself of the services or employees of any State, county, or municipal department, board bureau, commission, or agency as the office may require and as may be available for the office’s purposes, including the Transit Village Task Force.

5. An enhanced transit village project shall be given priority to receive any funds used to implement the affordable housing goals of the State, including federal funds, for the purpose of meeting the 30 percent affordable housing mandate of the program, as provided in paragraph (1) of subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. The costs of the planning and implementation of the transportation infrastructure aspects of the program shall be funded by monies from the “Transportation Trust Fund Account” established by section 20 of P.L.1984, c.73 (C.27:1B-20), which shall be in an initial earmarked amount of $50,000,000 to fund the first three years of the program, and shall be adjusted by the department as appropriate annually thereafter.

7. The Office of Planning Advocacy in the Department of State, in consultation with the Department of Transportation, shall promulgate and adopt rules and regulations, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

8. This act shall take effect on the first day of the sixth month following enactment, except that the commissioner and director may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes in the Office of Planning Advocacy (office) in the Department of State an “Enhanced Transit Village Program” (program), to be administered with the support of the Department of Transportation (DOT), for the purpose of incentivizing mixed-use development in close proximity to public transportation service using land use patterns based on smart growth principles. The office is to administer the review and selection of municipalities that apply to participate in the program, pursuant to the bill, and aid qualifying municipalities with the planning and zoning assessments necessary for the implementation of the program. The DOT is to be responsible for the transportation infrastructure components of the program, including infrastructure grants. A municipality may apply to the program in a form and manner to be determined by the office, including certain provisions enumerated in the bill.

The office is to structure the program to provide technical assistance and financial support to improve the place-making quality of the enhanced transit village, increase the walkability and bikeability of the area, to improve walking and biking connections to transit, to reduce the dominance of automobiles and auto-centric infrastructure in the area, to increase the number, type, and range of housing opportunities, and to ensure a mix of commercial and public uses that support residents and commuters.

For residential lots located within an enhanced transit village, the program is to provide for the establishment of an as-of-right residential building option with at least two densities depending on the distance from the central transit point, established for the enhanced transit village.

The office is to have the discretion to set density levels outside of the parameters in the bill from location to location based on the existing development patterns of the enhanced transit village, in a way that gradually increases residential density in a context-sensitive manner that the local infrastructure is capable of absorbing.

Under the bill, the office is required to develop an application process for transit village municipalities to apply to the program which is to include, but not be limited to, certain requirements enumerated in the bill.

The smart growth requirements a municipality are to meet in applying to the program are to include, but not be limited to, certain criteria enumerated in the bill.

The office may seek the assistance and avail itself of the services or employees of any State, county, or municipal department, board bureau, commission, or agency as the office may require and as may be available for the office’s purposes, including the Transit Village Task Force.

The bill provides that the costs of the planning and implementation of the program is to be funded by monies from the “Transportation Trust Fund Account,” which is to be in an initial earmarked amount of $50 million to fund the first three years of the program and is to be annually adjusted as necessary thereafter. The bill also provides that any affordable housing funds are to be given priority disbursement to enhanced transit village projects to enable the project to meet the general 30 percent affordable housing threshold described in the bill.