Bill Will Also End Developers Nuisance Lawsuits
Legislation authored by Senator Sean Kean that would require the Council on Affordable Housing (COAH) to cooperate and consult with other state planning agencies was introduced in the Senate last week. The bill will also implement a moratorium on “builders remedy” lawsuits used by developers to force municipalities to accept large housing developments that contribute to urban sprawl.
“This bill will impose limits on unfettered housing developments that cause congestion, overcrowded schools and the loss of open space,” Kean stated. “The COAH rules that were passed nearly a year ago are fatally flawed with inaccurate data and faulty growth assumptions. The Legislature must implement this stopgap measure to ensure that our communities are protected while the current COAH data is corrected.”
Senator Kean explained that the bill has three main components:
- The measure will suspend the third round rules issued by the COAH due to pending litigation and faulty vacant land and job growth data;
- The legislation will place a moratorium on “builders remedy” lawsuits;
- The bill will require that the COAH reconcile their data with other state planning agencies.
“It is only common sense that the COAH work cooperatively with other planning agencies including; the State Planning Commission, DEP, the Pineland Commission, the Meadowlands Commission and the Fort Monmouth Economic Revitalization Planning Authority,” Kean continued. “We must work to develop a comprehensive, holistic approach to housing in this state but it must not come at the expense of the environment or other equally important planning policies.”
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March 26, 2009












