ASSEMBLY LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 280

STATE OF NEW JERSEY

DATED: MAY 13, 1996

      The Assembly Local Government Committee reports favorably Assembly Bill No. 280.

      Assembly Bill No. 280 corrects an inequity in charging for the construction or repair of municipal sidewalks. Currently, R.S.40:65-1 et seq., permits charges for the construction or repair of sidewalks to be assessed against "the owner or owners of the real estate in front of which the improvement is made." This language apparently does not contemplate suburban neighborhoods where sidewalks have been placed only on one side of the street. Under the present law, sidewalk charges would be imposed only on the properties situated on the same side of the street as the sidewalks. Properties across the street, which have the same benefit of neighborhood sidewalks, pay nothing.

      This bill would permit charges for the construction or repair of sidewalks to be assessed against properties directly across the street where the sidewalks have been located only on one side of the street.

      The bill also clarifies the present law by permitting the required notices to property owners to be served by mail, rather than hand delivery, in all cases. Service by mail is consistent with the present law for assessments for local improvements.

      Assembly Bill No. 280 was pre-filed for introduction in the 1996-1997 legislative session pending technical review. As reported by the committee, the bill contains the changes required by technical review, which has been performed.