ASSEMBLY, No. 615

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman IMPREVEDUTO

An Act concerning development within the Hackensack Meadowlands District and amending P.L.1988, c.136 and amending and supplementing P.L.1968, c.404.

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

    1. Section 6 of P.L.1968, c.404 (C.13:17-6) is amended to read as follows:

    6. The commission shall have perpetual succession and shall have the following powers:

    (a) To adopt and from time to time amend and repeal suitable by-laws for the management of its affairs;

    (b) To adopt and use an official seal and alter the same at its pleasure;

    (c) To maintain an office at such place or places within the State as it may designate;

    (d) To sue and be sued in its own name;

    (e) To issue bonds or notes of the commission and to provide for the rights of the holders thereof as provided in this act; provided, however, that prior to the issuance of any bonds or notes and prior to incurring any financial obligation in excess of $1,000,000.00, the commission shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey to inspect its accounts and certify to the State Treasurer that [such] the bonds or [such] obligations may be issued or incurred by the commission without prejudice to any bonds or obligations of the commission outstanding, and that [such] the bonds or obligations are, or may reasonably be expected to be, within the ability of the commission to meet.

    (f) To enter upon any building or property in order to conduct investigations, examinations, surveys, soundings, or test borings necessary to carry out the purposes of this act, all in accordance with due process of law.

    (g) To acquire in the name of the commission by purchase, lease as lessee, or otherwise, on [such] terms and conditions and in [such] a manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein and other property, including land under water and riparian lands, land or highways held by any municipality or other governmental subdivision of the State, or any fee simple absolute in, easements upon, or the benefit of restrictions upon autting property, that it may determine is reasonably necessary for the performance of any of its duties under this act; provided that the power of eminent domain shall not be exercised by the commission to acquire any property owned or used by a public utility, as defined in [section 48:2-13 of the Revised Statutes] R.S.48:2-13, in furnishing any commodity or service which by law it is authorized to furnish;

    (h) To receive and accept, from any Federal or other public agency or governmental entity, grants or loans for or in aid of the planning or construction of any project or improvement, or the acquisition of any property, and to receive and accept aid or contributions from any other source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which [such] those grants, loans and contributions may be made, and to enter into co-operative agreements with the Federal Government or any other public or governmental agency for the performance of [such] acts as may be necessary and proper for the reclamation of the meadowlands and to comply with other requirements for such participation;

    (i) To prepare, adopt and implement a master plan for the physical development of all lands, or a portion thereof, lying within the district; and to adopt and enforce codes and standards for the effectuation of [such] that plan;

    (j) By contract or contracts with a redeveloper or by its own employees to undertake any development or other project or improvement as it finds necessary to reclaim, develop, redevelop and improve the land within the district;

    (k) To establish engineering standards for land reclamation, including the type of fill, drainage and grading, and to promulgate a building code specifying the maximum weight, size and density of all buildings and structures to be placed on any land within its jurisdiction according to the method of reclamation employed and the load-bearing quality of the reclaimed land;

    (l) To recover by special assessments the cost of improvements from the increase of property values attributable to [such] those improvements;

    (m) Generally to fix and revise from time to time and to charge and collect rates, fees and other charges for the use of any facilities operated and maintained by the commission;

    (n) To make [such] legal arrangements for the use of the property of the school fund so as to increase the capital of [such] that fund as may be necessary or desirable;

    (o) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out any power expressly given in this act;

    (p) To conduct examinations and investigations, hear testimony and take proof under oath at public or private hearings, of any material matter, require attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of State, unable to attend, or excused from attendance;

    (q) To publish and disseminate information and to make known to potential users, by advertisement, solicitation or other means, the availability for development of lands in the district;

    (r) To review and regulate plans for any subdivision or development within the district subject to the limitations of section 8 of P.L.1968, c.404 (C.13:17-8) and section 2 of P.L.1988, c.136 (C.13:17-14.1);

    (s) To subordinate, waive, sell, assign, or release any right, title, claim, lien, or demand however acquired, including any equity or right or redemption; to foreclose, sell, or assign any mortgage held by it, or any interest in real or personal property; and to purchase at any sale upon [such] terms and at [such] prices as it determines to be reasonable and to take title to property, real, personal, or mixed, so acquired, and to sell, exchange, assign, convey, lease, mortgage, or otherwise dispose of any [such] property, subject to [such] conditions and restrictions as it deems necessary to carry out the purposes of this act;

    (t) To cause to be prepared plans, specifications, designs and estimates of costs for the construction of projects and improvements under the provisions of this act, and from time to time to modify [such] those plans, specifications, designs or estimates;

    (u) To determine the existence of renewal areas, and to undertake redevelopment projects therein;

    (v) To exercise all authorized powers of the commission which shall be deemed to be for a public purpose and to acquire any property which shall be deemed for public use, which use shall be deemed superior to the public use of any municipality, county, school district, or other local or regional district, authority or agency;

    (w) To provide solid waste disposal facilities for the treatment and disposal of solid waste, as hereinafter provided.

(cf: P.L.1968, c.404, s.6)

    2. (New section) (a) A constituent municipality may adopt a development criteria ordinance establishing procedures for reviewing the effect of a plan for the development, improvement, redevelopment or rezoning of, or for the construction or reconstruction of buildings or structures on, land in the district within a municipality and the effect that plan may have on municipal services. The ordinance shall include standards for the formal rejection of a plan by the governing body which reflect the effect of the proposed action on municipal services. The development criteria ordinance shall be reviewed and updated every three years.

    (b) The governing body of a constituent municipality which has adopted a development criteria ordinance pursuant to subsection (a) of this section may formally reject any plan for the development, improvement, redevelopment or rezoning of, or for the construction or reconstruction of buildings or structures on, land in the district within the municipality which meets the standards for rejection in the development criteria ordinance. The governing body shall notify, in writing, the municipal committee and the commission of the rejection within 10 days of taking that action.

    3. Section 1 of P.L.1988, c.136 (C.13:17-6.2) is amended to read as follows:

    1. Whenever the commission prepares plans for the development, improvement, redevelopment or rezoning of, or for the construction or reconstruction of buildings or structures on, land in the district [totaling 20 acres or more], the commission shall notify [immediately] within seven days, in writing by certified mail, the [mayor] governing body and the clerk of the municipality or municipalities in which the land is located and any municipality immediately adjacent thereto. During the preparation of the plans, the commission shall regularly meet and consult with the notified [mayor or mayors] governing body or bodies of the municipality or municipalities in which the land is located. If the final plans of the commission are inconsistent with any recommendations of the [mayor or mayors] governing body or bodies of the municipality or municipalities in which the land is located, the commission shall inform the [mayor or mayors] governing body or bodies of the municipality or municipalities in which the land is located, in writing by certified mail, of the reasons for the inconsistencies prior to the submission of the plans to the municipal committee and shall include a copy of this notice when submitting the plans to the municipal committee.

(cf: P.L.1988, c.136, s.1)

    4. Section 8 of P.L.1968, c.404 (C.13:17-8) is amended to read as follows:

    8. (a) The commission shall submit to the committee for review, prior to final action thereon, codes and standards formulated by the commission, the district master plan and amendments thereto, development and redevelopment plans, and improvement plans. The commission may also submit to the committee any other matter which the commission deems advisable.

    (b) The committee shall review matters submitted to it by the commission pursuant to this section and shall indicate its position in writing to the commission. Failure of the committee to state its position within 45 days of the receipt of any matter other than a plan for the development, improvement, redevelopment or rezoning of, or for construction or reconstruction of buildings or structures on, land in the district which a constituent municipality has formally rejected pursuant to section 2 of P.L.1990, c. (C. ) (now pending before the Legislature as this bill) so referred to the committee shall be deemed to constitute approval of the proposed action of the commission. Except that, the committee shall have 120 days after receipt of the master plan to state its position, in writing, to the commission. Within 45 days of submission, the committee shall formally reject any plan for the development, improvement, redevelopment or rezoning of, or for construction or reconstruction of buildings or structures on, land in the district which a constituent municipality has formally rejected pursuant to section 2 of P.L.1990, c. (C. ) (now pending before the Legislature as this bill). Failure of the committee to act on a plan for the development, improvement, redevelopment or rezoning of, or for construction or reconstruction of buildings or structures on, land in the district which a constituent municipality has formally rejected pursuant to section 2 of P.L.1990 c. (C. ) (now pending before the Legislature as this bill) shall be deemed a formal rejection of the plan by the committee.

    (c) The commission shall not take any final action on any matter other than a plan for the development, improvement, redevelopment or rezoning of, or for construction or reconstruction of buildings or structures on, land in the district which a constituent municipality has formally rejected pursuant to section 2 of P.L.1990, c. (C. ) (now pending before the Legislature as this bill) required to be submitted to the committee pursuant to this section, which matter has been formally rejected by the committee, except by a vote of 5/7 of the full membership of the commission. The commission shall not approve any plan for the development, improvement, redevelopment or rezoning of, or for construction or reconstruction of buildings or structures on, land in the district which has been formally rejected by the committee, except by a unanimous vote of the full membership of the commission.

    (d) The committee may make recommendations to the commission on any matter it deems advisable whether or not such matter was submitted to said committee by said commission.

(cf: P.L.1968, c.404, s.8)

    5. Section 2 of P.L.1988, c.136 (C.13:17-14.1) is amended to read as follows:

    2. Whenever the commission receives an application for the development, improvement or redevelopment of, or for the construction or reconstruction of buildings or structures on, land in the district [totaling 20 acres or more], the commission shall notify [immediately] within seven days, in writing by certified mail, the [mayor] governing body and the clerk of the municipality or municipalities in which the land is located and any municipality immediately adjacent thereto. Before approving an application, the commission shall consult with the notified [mayor or mayors. If the commission approves an application which the mayor or mayors oppose in any manner, the commission shall inform the mayor or mayors, in writing of the reasons for the approval within seven days of that approval] governing body or bodies of the municipality or municipalities in which the land is located. If the commission approves an application which the governing body or bodies of the municipality or municipalities in which the land is located oppose in any manner, the commission shall inform the governing body or bodies, in writing by certified mail, of the reasons for approval within seven days of that approval. The commission shall not approve an application for a plan which the governing body of a constituent municipality has formally rejected pursuant to section 2 of P.L.1990, c. (C. ) (now pending before the Legislature as this bill), except by a unanimous vote of the full membership of the commission.

(cf: P.L.1988, c.136, s.2)

    6. This act shall take effect immediately.

STATEMENT

    This bill supplements the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.) to authorize the fourteen constituent municipalities which comprise the Hackensack Meadowlands District to adopt development criteria ordinances. These ordinances would establish a procedure for municipal review of plans for the development, improvement or redevelopment of, or for the construction or reconstruction of buildings or structures on, land in the Hackensack Meadowlands District within that municipality with regard to municipal services. The ordinance would include standards for the formal rejection of a plan by the governing body of the municipality. The bill also amends current law to require that affected municipalities be notified within seven days of all plans for development, improvement, or redevelopment of, or for the construction or reconstruction of buildings or structures on, land in the district. The bill also amends the law to require the Hackensack Meadowlands Municipal Committee to formally reject any development or improvement plan which an affected municipality rejects and to prohibit the Hackensack Meadowlands Development Commission from approving an application for a subdivision, site plan or building permit which an affected municipality rejects, except by a unanimous vote of the full membership of the commission.

    The bill requires that notice be sent to affected municipalities within seven days by certified mail. The bill also requires that notice be sent to the governing body and the clerk rather than to the mayor and the clerk. Furthermore, the commission is required, during preparation of plans, to meet and consult with the governing bodies of municipalities in which the land is located and to notify these governing bodies by certified mail of the reasons for any inconsistencies between the commission's final plans and the recommendations of these affected governing bodies prior to submission to the municipal committee.

    The commission has, in the past, approved development plans without providing for adequate infrastructure leading to or serving the development. The purpose of the bill is to remedy these deficiencies in the commission's operations by permitting individual municipalities to reject any further development within their boundaries and to require a unanimous vote of the commission's full membership to override a formal rejection by a municipality. While not intended to change the current masterplan developed by the commission, the bill is designed to give constituent municipalities greater input into specific project decisions of the commission.

Permits municipalities within the Hackensack Meadowlands District to reject development plans.