ASSEMBLY, No. 1199
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 water supply, amending and supplementing P.L.1975, c.291, and supplementing P.L.1977, c.224 (C.58:12A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3.3 of P.L.1975, c.291 (C.40:55D-6) is amended to read as follows:
3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).
"Performance guarantee" means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Planned commercial development" means an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
"Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
"Planned industrial development" means an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.
"Planned unit development" means an area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.
"Planned unit residential development" means an area with a specified minimum contiguous acreage of 5 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.
"Planning board" means the municipal planning board established pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).
"Plat" means a map or maps of a subdivision or site plan.
"Preliminary approval" means the conferral of certain rights pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46; C.40:55D-48; and C.40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.
"Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
"Public areas" means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.
"Public water system" means public water system as defined pursuant to section 3 of P.L.1977, c.224 (C.58:12A-3).
"Public development proposal" means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
"Public drainage way" means the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
"Public open space" means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.
"Public utility" means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.
"Quorum" means the majority of the full authorized membership of a municipal agency.
"Residential cluster" means an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
"Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
"Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
(cf: P.L.1991, c.412, s.3)
2. (New section) a. An ordinance requiring approval by the planning board of a site plan may require, as a condition of preliminary or final approval of a proposed development, for which the water supply is to be provided by a public water system using water drawn from an aquifer situated in an area designated and established by the Department of Environmental Protection as an area of critical water supply concern as defined by the department pursuant to subsection b. of section 6 of P.L.1981, c.262 (C.58:1A-6), provision by the applicant to the approving authority of a certification obtained from the owner or operator of the public water system that the system is capable, or will be capable at the time of completion of the proposed development, of providing a safe and dependable yield of water for the proposed development for a 10-year period in accordance with the requirements of the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.) and the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.), and any rules or regulations adopted pursuant thereto. If, in the department’s judgment, the future availability of a safe and dependable yield of water may be demonstrated for less than a 10-year period so that an adequate quantity and quality of water will be available to residents of the development, then the municipality, by ordinance, may adopt the shorter period as the certification period.
If the public water system is not considered capable of providing a safe and dependable yield of water, preliminary or final approval of a site plan may be made conditional upon the provision by the applicant of proof that the applicant has secured an alternative source of potable water, evidenced by a signed agreement between the applicant and the provider.
b. An ordinance requiring approval by the planning board of a site plan may require, as a condition of preliminary or final approval of a proposed development for which the water supply is to be provided by a source other than a public water system using water drawn from an aquifer situated in an area designated and established by the Department of Environmental Protection as an area of critical water supply concern as defined by the department pursuant to subsection b. of section 6 of P.L.1981, c. 262 (C.58:1A-6): (1) provision by the applicant to the approving authority of a certification obtained from the owner or operator of the public water system which supplies the municipality in which the proposed development is situated that the system is capable, or will be capable at the time of completion of the proposed development, of providing a safe and dependable yield of water to meet the demands of the proposed development for a 10-year period after completion of the development, or such shorter period as is adopted by the municipality, by ordinance, pursuant to subsection a. of this section, without negatively affecting the water supply or quality of any other existing development, of a stream or of a freshwater wetland as defined pursuant to section 3 of P.L.1987, c.156 (C.13:9B-3), located within a radius of 1,000 feet of the proposed development; and (2) posts with the municipality a bond, irrevocable letter of credit or other guarantee acceptable to the approving authority and effective for a period of 10 years from the date of final approval of the site plan, which shall be in an amount sufficient to ensure provision of a safe and dependable water supply for the proposed development, and for any other existing development located within a radius of 1,000 feet thereof, in the event (a) the water supply for the proposed development proves to be not safe or dependable for any reason, or (b) the use of the water supply for the proposed development negatively affects the water supply or quality of any other existing development within a radius of 1,000 feet of the proposed development. The municipal approving authority shall determine the amount of any such bond or other guarantee. If the municipality adopts a shorter period of certification, the effective period of the board or letter of credit shall correspond to the period of certification.
If the water system is not considered capable of providing a safe and dependable yield of water, preliminary or final approval of a site plan may be denied by the approving authority.
c. This section shall not apply to any application for:
(1) minor site plan approval;
(2) final approval of a site plan for a proposed development for which preliminary approval of the site plan was granted prior to the date of enactment of this act.
3. (New section) a. Upon request by an applicant for a certification required pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of a public water system shall, within 30 days of receiving the request or within such other time period as may be agreed to by the owner or operator of the system and the applicant: (1) evaluate the capacity of the public water system to provide a safe and dependable yield of water for the proposed development as set forth in the request, and (2) based upon that evaluation, either issue, issue with conditions, or decline to issue the requested certification, and state the reasons therefor. Any cost associated with the certification shall be borne by the applicant.
The owner or operator of a public water system may require an applicant to supply such information as the owner or operator of the system deems necessary in order to respond to any such request for a certification.
b. For the purposes of this section, "applicant" and "development" mean the same as those terms are defined respectively pursuant to sections 3 and 3.1 of P.L.1975, c.291 (C.40:55D-3 and C.40:55D-4).
4. This act shall take effect 180 days next following enactment.
STATEMENT
This bill would provide that an ordinance requiring approval by the planning board of a site plan for which the water supply is to be provided by a public water system drawn from an aquifer situated in an area of critical water supply concern shall not be granted unless the applicant provides to the approving authority a certification obtained from the owner or operator of the public water system that the system is capable, or will be capable at the time of completion of the proposed development, of providing a safe and dependable yield of water for the proposed development. An applicant may fulfill this requirement by entering into an agreement with an alternative provider in the event that the public water system has insufficient capacity to serve the development.
If, in the department’s judgment, the future availability of a safe and dependable water supply may be demonstrated for less than a 10-year period, then the municipality may adopt the shorter period as the certification period.
The bill would also provide an ordinance requiring approval by the planning board of a site plan for a proposed development for which the water supply is provided by a source other than a public water system drawn from an aquifer situated in an area of critical water supply concern shall not be granted unless the applicant: (1) provides to the approving authority certification from the owner or operator of the public water supply system which supplies the municipality that the system is capable or will be capable at the time of completion of the proposed development, a dependable yield of water to meet the needs of the proposed development for 10 years after completion of the development without negatively affecting the water supply or quality of any other existing development, or of a stream or freshwater wetland, located within a radius of 1,000 feet of the proposed development; and (2) posts with the municipality a bond, irrevocable letter of credit or other guarantee acceptable to the approving authority and effective for a period of 10 years from the date of final approval of the site plan, which shall be in an amount sufficient to ensure provision of a safe and dependable water supply for the proposed development, and for any other existing development located within a radius of 1,000 feet thereof, in the event (a) the water supply for the proposed development proves to be not safe or dependable for any reason, or (b) the use of the water supply for the proposed development negatively affects the water supply or quality of any other existing development within a radius of 1,000 feet of the proposed development. The approving authority shall determine the amount of any such bond or other guarantee.
The bill would not apply to any application for: (1) minor site plan approval; (2) final approval of a site plan for a proposed development for which preliminary approval of the site plan was granted prior to the enactment date of the bill.
Finally, the bill would provide that, upon request by an applicant for a certification, the owner or operator of a public water system shall, within 30 days of receiving the request or within such other time period as may be agreed to by the owner or operator of the system and the applicant: (a) evaluate the capacity of the public water system to provide a safe and dependable yield of water for the proposed development as set forth in the request, and (b) based upon that evaluation, either issue, issue with conditions, or decline to issue the requested certification, and state the reasons therefor. The owner or operator of a public water system would be authorized to require an applicant to supply such information as the owner or operator of the system deems necessary in order to respond to any such request for a certification. Any cost associated with the certification shall be borne by the applicant.
Requires proof of safe and adequate water supply as condition of development approval pursuant to "Municipal Land Use Law."