A1193

ASSEMBLY, No. 1193

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman DALTON

An Act concerning highway construction and supplementing Title 27 of the Revised Statutes.

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

1. a. Prior to initiating the planning stage or each planning stage of a highway construction or improvement project, including but not necessarily limited to the construction, reconstruction or relocation of any highway or feeder road, the New Jersey Highway Authority shall notify, in writing by certified mail, the governing body of any municipality in which it might be necessary for the authority to acquire property through condemnation proceedings pursuant to P.L.1971, c.361 (C.20:3-1 et seq.) in undertaking the project, or which might otherwise be impacted by the project, of the proposed project.

b. Within ninety days of receipt of the notice required by subsection a. of this section, potentially impacted municipalities may, through parallel ordinances, create a citizens advisory council on the proposed project. The governing body of each constituent municipality may appoint members to the citizens advisory council. Municipal appointments shall consist of three members from any municipality with a population of 9,000 or less, and an additional member per each 3,000 residents from any municipality with a population exceeding 9,000, up to a total number to be determined by agreement between the constituent municipalities, with any resulting limits on individual municipal appointments being equally applied. An advisory council shall monitor the planning process for the proposed project, and, prior to final approval by the authority of the plan, shall issue a report recommending approval or disapproval of the proposed project. In the case of disapproval, the report shall contain recommended alternatives.

c. If the final plan of the authority is inconsistent with the recommendations of a citizens advisory council, the authority shall inform the council and the Commissioner of Transportation, in writing by certified mail, of the specific inconsistencies between the plan and the report, with clear and convincing reasons why the council's recommendations were not adopted. The commissioner shall approve or require modification of the authority's plan in order for the authority to initiate the project.

2. a. Prior to initiating the planning stage or each planning stage of a highway construction or improvement project, including but not necessarily limited to the construction, reconstruction or relocation of any highway or feeder road, the New Jersey Turnpike Authority shall notify, in writing by certified mail, the governing body of any municipality in which it might be necessary for the authority to acquire property through condemnation proceedings pursuant to P.L.1971, c.361 (C.20:3-1 et seq.) in undertaking the project, or which might otherwise be impacted by the project, of the proposed project.

3. a. Prior to initiating the planning stage or each planning stage of a highway construction or improvement project, including but not necessarily limited to the construction, reconstruction or relocation of any highway or feeder road, the South Jersey Transportation Authority shall notify, in writing by certified mail, the governing body of any municipality in which it might be necessary for the authority to acquire property through condemnation proceedings pursuant to P.L.1971, c.361 (C.20:3-1 et seq.) in undertaking the project, or which might otherwise be impacted by the project, of the proposed project.

4. a. Prior to initiating the planning stage or each planning stage of a highway construction or improvement project, including but not necessarily limited to the construction, reconstruction or relocation of any highway or feeder road, the Commissioner of Transportation, shall notify, in writing by certified mail, the governing body of any municipality in which it might be necessary for the commissioner to acquire property through condemnation proceedings pursuant to P.L.1971, c.361 (C.20:3-1 et seq.) in undertaking the project, or which might otherwise be impacted by the project, of the proposed project.

b. Within ninety days of receipt of the notice required by subsection a. of this section, potentially impacted municipalities may, through parallel ordinances, create a citizens advisory council on the proposed project. The governing body of each constituent municipality may appoint members to the citizens advisory council. Municipal appointments shall consist of three members from any municipality with a population of 9,000 or less, and an additional member per each 3,000 residents from any municipality with a population exceeding 9,000, up to a total number to be determined by agreement between the constituent municipalities, with any resulting limits on individual municipal appointments being equally applied. An advisory council shall monitor the planning process for the proposed project, and, prior to final approval by the commissioner of the plan, shall issue a report recommending approval or disapproval of the proposed project. In the case of disapproval, the report shall contain recommended alternatives.

c. If the final plans of the commissioner are inconsistent with the recommendations of a citizens advisory council, the commissioner shall, prior to initiating any project, inform the council, in writing by certified mail, of the specific inconsistencies between the plan and the report, with clear and convincing reasons why the council's recommendations were not adopted.

5. This act shall take effect immediately.

STATEMENT

This bill requires the New Jersey Highway Authority, the New Jersey Turnpike Authority, the South Jersey Transportation Authority and the Commissioner of Transportation to give written notice of the proposed project to municipalities prior to initiating the planning process for highway projects potentially requiring the acquisition of land by condemnation within those respective municipalities, or otherwise impacting them.

The bill further provides that the municipalities so notified may establish a single citizens advisory council to monitor the planning process. A council may either approve of the proposed project, or disapprove and offer an alternative plan which shall be considered by the authority or the commissioner, as the case may be.

The bill requires the authority or the commissioner, as the case may be, to provide the council with notice for any inconsistencies if the approved final plans of the authority or the commissioner are inconsistent with the recommendations of a council, and to provide "clear and convincing" reasons why the council's recommendations were not adopted.

Provides for transportation project approval by inter-municipal councils.