ASSEMBLY, No. 837

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman ARNONE

 

 

An Act concerning the disposition of the Marlboro State Psychiatric Hospital property.

 

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

 

    1. The Legislature finds and declares that the State has an interest in preserving certain State-owned real property that has unique and significant environmental value as open space; that a portion of the property located in the Township of Marlboro, Monmouth County, commonly known as Marlboro State Psychiatric Hospital, is such a property and that the preservation of a portion of that property as open space would afford protection to nearby streams and preserve a significant tract of the dwindling open space in Monmouth County; that the maintenance and use of the portion of the property preserved as open space as a municipal park would provide the protection and preservation sought by the State; that the future use and preservation of any portion of the property as open space has been called into question by the uncertain future of Marlboro State Psychiatric Hospital; and that the residents of the Township of Marlboro in Monmouth County, who have long hosted the State facility, are in the best position to determine the most appropriate uses for those portions of the property not required to be preserved as open space.

    The Legislature therefore determines that it is in the public interest of the State for the Department of Human Services and any other State agency that has an interest in, or right of first refusal on, the real property described in this act to relinquish any interest in, or right to, the property and sell the property to the Township of Marlboro in Monmouth County, in part for its preservation as open space and possible maintenance and use as a public park.

 

    2. a. Notwithstanding the requirements of P.L.1962, c.220 (C.52:31-1.1 et seq.), P.L.1989, c.110 (C.52:31-1.6 et seq.), or any other law, rule or regulation to the contrary, upon the termination of the use of Marlboro State Psychiatric Hospital as a State psychiatric facility, the Department of Human Services is directed to offer to sell and convey all of the State's interest in the real property commonly known as Marlboro State Psychiatric Hospital and located in the Township of Marlboro, Monmouth County, to the Township of Marlboro. The sale, if agreed to by the Township of Marlboro, shall be upon the terms and conditions approved by the State House Commission, except that the terms and conditions also shall provide that:

    (1) the township shall be required to preserve at least one-third of the property as open space;

    (2) the maintenance and use of that portion of the property preserved as open space as a municipal park shall be consistent with open space preservation;

    (3) the legal voters of the Township of Marlboro shall be required to approve, by referendum, the disposition by the township of any portions of the property not required to be preserved for open space, upon such terms and conditions as deemed appropriate by the governing body of the Township of Marlboro;

    (4) the portions of the property retained by the Township of Marlboro shall be considered held for significant public purposes;

    (5) the purchase price of the property from the Department of Human Services shall not exceed the recorded assessed value of the property at the time of its acquisition by the State; and

    (6) the State shall be responsible for the cost of demolishing and removing from the land the debris of the existing structures specified to be demolished in an agreement with the township of Marlboro.

    b. Any State agency otherwise authorized by law, or regulation adopted pursuant to law, or by agreement with another State agency to acquire or use the property named and described in subsection a. of this section shall waive all interest in the property, and any operations conducted on the property shall cease 60 days following the effective date of this act and any persons on the property involved in these operations shall vacate the property as of that date.

    c. Nothing in this act shall be construed to prevent or restrict the Township of Marlboro from applying for and receiving any federal, State or other available funds for the acquisition or maintenance of the property described in subsection a. of this section.

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require that the Department of Human Services offer the Marlboro State Psychiatric Hospital property for sale to the Township of Marlboro, Monmouth County, upon the closing of the facility. The hospital is located within the boundaries of the township. Upon the purchase by the township of the property, at least one-third of the land would be required to be kept as open space. Since the land was originally donated to the State, the purchase price would not be permitted to exceed the recorded assessed value of the land at the time of the State's acquisition. The State would be responsible for costs associated with the demolition and removal of existing structures required by the purchase agreement. A public referendum by the township's voters would be required to approve the disposition of any portions of the property not required to be held as open space.

 

 

 

Grants Marlboro Township, Monmouth County, right of first refusal upon sale of Marlboro State Psychiatric Hospital property.