ASSEMBLY, No. 768

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman BUONO and Assemblyman DORIA

An Act concerning certain facilities on the projects of the toll road authorities and supplementing chapter 12B, chapter 23 and chapter 25 of Title 27 of the Revised Statutes.

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

    1. The New Jersey Highway Authority shall, prior to approving the erection, or permitting the erection of a communications tower facility on any project of the authority, hold a public hearing during evening hours in the affected locality, with notice thereof to the governing body of the municipality in which the tower is to be located and to residential property owners located within 1,000 feet of the proposed tower, at least 10 days prior to the public hearing. The authority shall also cause a notice of the proposed hearing to be published in at least two newspapers having the largest circulation in the municipality in which the tower is to be located at least 10 days prior to the date of the hearing, the notices to appear in that section of the newspapers devoted to community news or matters of community interest. A study of the environmental impact of the proposed tower shall be completed before the date of the public hearing and the results of the study shall be made available at the hearing.

    2. The New Jersey Turnpike Authority shall, prior to approving the erection, or permitting the erection of a communications tower facility on any project of the authority, hold a public hearing during evening hours in the affected locality, with notice thereof to the governing body of the municipality in which the tower is to be located and to residential property owners located within 1,000 feet of the proposed tower, at least 10 days prior to the public hearing. The authority shall also cause a notice of the proposed hearing to be published in at least two newspapers having the largest circulation in the municipality in which the tower is to be located at least 10 days prior to the date of the hearing, the notices to appear in that section of the newspapers devoted to community news or matters of community interest. A study of the environmental impact of the proposed tower shall be completed before the date of the public hearing and the results of the study shall be made available at the hearing.

    3. The South Jersey Transportation Authority shall, prior to approving the erection, or permitting the erection of a communications tower facility on any project of the authority, hold a public hearing during evening hours in the affected locality, with notice thereof to the governing body of the municipality in which the tower is to be located and to residential property owners located within 1,000 feet of the proposed tower, at least 10 days prior to the public hearing. The authority shall also cause a notice of the proposed hearing to be published in at least two newspapers having the largest circulation in the municipality in which the tower is to be located at least 10 days prior to the date of the hearing, the notices to be published in that section of the newspaper devoted to community news or matters of community interest. A study of the environmental impact of the proposed tower shall be completed before the date of the public hearing and the results of the study shall be made available at the hearing.

    4. This act shall take effect immediately.

STATEMENT

    This bill requires the toll road authorities, namely, the New Jersey Highway Authority, the New Jersey Turnpike Authority and the South Jersey Transportation Authority, to hold a public hearing before erecting, or permitting the erection of a communications tower on any of their projects. Notice of the public hearing is to be given to the governing body of the municipality in which the tower is proposed to be located, as well as residential property owners located within 1,000 feet of the proposed tower, at least 10 days prior to the public hearing. Notice is also to be published in the community news section of the two newspapers having the largest circulation in the municipality in which the tower is to be located. A study of the environmental impact of the proposed tower is to be completed prior to the public hearing and the results presented at the hearing.

Requires toll road authorities to hold a public hearing, provide notice to certain property owners and follow other procedures prior to approval of communications towers.