ASSEMBLY, No. 527

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman CRECCO

 

 

An Act concerning the acquisition of certain flood prone real property in the Central Passaic River Basin floodway, establishing a priority list for real property acquisition, creating a fund therefor, supplementing Title 58 of the Revised Statutes, and making an appropriation.

 

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

 

    1. This act shall be known and may be cited as the "Central Passaic River Basin Floodway Acquisition Act of 1992."

 

    2. The Legislature finds that inadequate regulation of development in floodways has resulted in the construction of hundreds of residential units in the Central Passaic River Basin floodway, which development increased the likelihood of flooding; that nowhere else in the State is a land area in greater danger of flooding than in the basin's floodway; that previous floods in the basin have caused millions of dollars of property damage, disrupted the lives of residents, and taken the lives of some; that it is in the public interest to ensure that the loss of property and lives due to flooding in this area not be repeated; and that although the acquisition of these lands is the most equitable and cost efficient method to accomplish these goals, no adequate program or funding to acquire these flood prone properties is available.

    The Legislature therefore declares that it is the policy of the State to acquire residential property in the Central Passaic River Basin floodway in order to protect the lives and property of the residents of that area; that the residents of approximately 774 homes in the floodway in the most danger of flooding be the first to be paid the full cost of acquisition and relocation to ensure that they will be able to find suitable alternative housing without additional undue hardship; and that the lands acquired be held by the State and returned to an undeveloped state to prevent future flooding outside the floodway and to preserve wetlands.


    3. As used in this act:

    "Central Passaic River Basin floodway" means the floodway, as defined in section 2 of P.L.1962, c.19 (C.58:16A-51), of the Passaic river located in Fairfield township of Essex county, Lincoln Park borough, Little Falls township, Pequannock township, Pompton Lakes borough, and Wayne township;

    "Commissioner" means the Commissioner of Environmental Protection;

    "Conservation purposes" means the use of real property for natural areas, wetlands, flood control lands, or other similar uses that do not involve development or the destruction of the natural characteristics of the real property;

    "Department" means the Department of Environmental Protection;

    "Real property" means real property, including improvements thereon, rights-of-way, water, riparian and other rights, easements, privileges, and all other rights or interests of any kind, or description in, relating to, or connected with real property.

 

    4. a. Within 180 days of the effective date of this act, the Department of Environmental Protection shall develop a methodology to determine which real properties located in the Central Passaic River Basin floodway are most subject to damage by flooding. The methodology shall review the frequency and severity of floods on those real properties and the potential for major property damage and the potential for loss of life. Upon completion of the methodology, the department shall forward a written copy to the Assembly Environment Committee and the Senate Environment Committee, or their successors.

    b. Within 180 days of establishing the methodology required in subsection a. of this section, the department shall develop a priority list of specific real properties in the Central Passaic River Basin floodway to be acquired. The priority list shall be established using the methodology established pursuant to subsection a. of this section. The priority list shall include residential real properties and any other real properties that are undeveloped in the Central Passaic River Basin floodway. Upon completion of the priority list the department shall forward a written copy to the Assembly Environment Committee and the Senate Environment Committee, or their successors.

 

    5. Upon completion of the priority list developed in section 4 of this act, the department shall begin negotiations with the owners of the real property listed on the priority list in order to acquire fee simple absolute title to that real property. In acquiring that real property the department shall pay to the owner the present day fair market value of that real property and any reasonable relocation costs that may be incurred. In acquiring the real properties in the Central Passaic River Basin floodway, the department may exercise its powers of eminent domain pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.). The department may acquire less than fee simple absolute title to undeveloped real property where the department can assure that the interest the department acquires will prevent any development of the property, and that the real property will be used solely for conservation purposes.

 

    6. Upon acquiring the real property pursuant to section 5 of this act, the department shall demolish any structures on the real property, or conduct any work on the real property required to return the real property to a natural state for conservation purposes. Real property, or any interest therein, acquired by the department pursuant to this act shall be held by the department for conservation purposes.

 

    7. There is established in the department a nonlapsing special fund, to be known as the "Central Passaic River Basin Floodway Acquisition Fund." The fund shall be credited with any appropriations made to it pursuant to law. Monies in the fund may be used only for acquisitions of real property in the Central Passaic River Basin floodway as provided in this act.

 

    8. Within two years of the effective date of this act, the commissioner shall report to the Assembly Environment Committee and the Senate Environment Committee, or their successors, the status of the acquisition program established pursuant to this act. The report shall contain a list of those real properties acquired; a list of those real properties returned to a natural state; a list of those real properties on the priority list that are yet to be acquired and the reasons they have not yet been acquired; the cost of acquiring each property and the cost of returning each to its natural state; an estimate of the environmental impact of the acquisition program on flooding in other parts of the Passaic river basin; and recommendations for additional real property acquisitions in the Passaic river basin to prevent property destruction and loss of life.

 

    9. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to implement this act.

 

    10. There is appropriated from the General Fund to the Department of Environmental Protection the sum of $100,000 for the purpose of developing the methodology and priority list as required pursuant to section 4 of this act. Upon the subsequent enactment and availability of any bond proceeds specifically for the acquisition of land in the Central Passaic River Basin floodway, the money appropriated pursuant to this section shall be repaid to the General Fund from the bond act's proceeds.

 

    11. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill establishes an acquisition program for the purchase of properties in the Central Passaic River Basin floodway. The areas to be acquired would be in the floodway, as determined by regulations promulgated by the Department of Environmental Protection, in the municipalities of Fairfield township of Essex county, Lincoln Park borough, Little Falls township, Pequannock township, Pompton Lakes borough, and Wayne township.

    This bill requires the department, within 180 days of enactment, to establish a methodology for determining which lands in the floodway are most subject to repeated and damaging floods. The department shall, within an additional 180 days, establish a priority list of properties to be acquired. Upon completion of the priority list, the department would begin acquisition. Property owners would be paid present day full market value for their properties, as well as reasonable relocation costs. Once acquired, the department would remove any structures from the properties in order to return them to their natural state. The properties would be held by the department for conservation purposes, thus preventing any development or future damage by flooding, which would alleviate flood problems in other parts of the basin.

    The department would be required to acquire fee simple absolute title to the properties, but would be permitted to acquire a lesser interest or undeveloped land, such as a conservation easement, if doing so would preclude development of the property and foster conservation. Only residential property may be acquired under this bill, except that undeveloped property may be acquired in order to limit its use to conservation.

    The bill would also establish a fund to accept any appropriations made to it for acquisition; require that the commissioner report to the Assembly Environment Committee and the Senate Environment Committee on the progress of the acquisition program and as to any recommendations for additional acquisitions within the basin; and provide for an appropriation for the development of the methodology and priority list, which appropriation may be repaid from the proceeds of any bond act established for the acquisition program.


 

Establishes an acquisition program for real property in the Central Passaic River Basin floodway; appropriates $100,000.