ASSEMBLY, No. 2879

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 1, 1997

 

 

By Assemblyman WISNIEWSKI and Assemblywoman Friscia

 

 

An Act concerning certain duties of the New Jersey Transit Corporation, supplementing Title 27 of the Revised Statutes and amending P.L.1975, c.291.

 

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

 

    1.    (New Section) Whenever the corporation receives notice of a hearing on an application for development of property located within 200 feet of property owned by the corporation pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), it shall:

    (a) attend the hearing of the municipal agency; and

    (b) submit written comments to the municipal agency detailing any potential impact of the application for development upon the property owned by the corporation, and include information on the corporation's current and anticipated future use of the property.

 

    2.    Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:

    7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving such notice if he so desires. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given at least 10 days prior to the date of the hearing.

    a. Public notice of a hearing on an application for development shall be given, except for (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); provided that the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance; and provided further that public notice shall be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

    b. Notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.

    Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

    c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or to any public utility, cable television company, or local utility not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.

    d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.

    e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.

    f. (1) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

    (2) Notice shall be given by personal service or certified mail to the Executive Director of the New Jersey Transit Corporation of a hearing on an application for development of property located within 200 feet of property owned by the New Jersey Transit Corporation.

    g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).

    h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C. 40:55D-12.1), by (1) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (2) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form.

    i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

    j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.

(cf: P.L. 1991, c. 412, s.4)

 

    3.    This act shall take effect immediately and shall apply to all applications for development submitted after the effective date of this act.


STATEMENT

 

    This bill requires the New Jersey Transit Corporation (the corporation) to attend municipal agency meetings, such as local zoning and planning board meetings, when certain applications for development on the agendas of those boards have the potential to impact corporation property. The bill also requires the corporation to submit written comments on any application before a municipal agency when the proposed project has the potential to impact corporation property. The corporation would be required to include information on the corporation's current and anticipated future use of its property in the comments submitted.

    In addition, the bill amends the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D et seq.), to provide that notice of a hearing on an application for development of property located within 200 feet of property owned by the corporation be given by personal service or certified mail to the Executive Director of the corporation.

 

 

                             

 

Requires NJT to comment on certain local applications for development.