ASSEMBLY, No. 2919
STATE OF NEW JERSEY
INTRODUCED MAY 5, 1997
By Assemblyman WEINGARTEN
An Act concerning certain railroad rights-of-way 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. The Department of Transportation (hereinafter, "the department") is authorized to undertake the removal of any unused railroad bridge in a right-of-way purchased with funds from the "New Jersey Bridge Rehabilitation and Improvement and Railroad Right-of-way Preservation Bond Act of 1989," P.L.1989, c.180, which funds were appropriated by P.L.1992, c.35, when, pursuant to a determination in writing submitted to the department by the governing body of the municipality in which such a bridge is located, the existence of such bridge presents a public safety hazard by impeding the flow of traffic on the roadway beneath the bridge due to its elevation and when such bridge is located within a right-of-way in which the integrity of the railroad line was broken prior to the purchase of the right-of-way by the department.
b. Upon written request of such a municipality, the department shall authorize the municipality to undertake the removal of the railroad bridge, provided that the removal occurs in accordance with a plan reviewed and approved by the department. The department shall have 30 days, from date of receipt, to review and approve the removal plan submitted by the municipality or offer an alternative plan for removal by the municipality. In the event the department does not issue an approval of or alternative plan for removal of such a railroad bridge within 30 days of the date of receipt of the municipality's request, the municipality's submitted plan shall be deemed approved.
2. Nothing in this act shall be construed to prevent the reconstruction of a railroad bridge, which has been removed in accordance with the provisions of section 1 of this act, at the same location in the event that the railroad right-of-way is reactivated. Such reconstruction shall occur at an elevation that does not impede the safe flow of traffic on the roadway beneath the railroad bridge.
3. This act shall take effect immediately.
STATEMENT
This bill authorizes the Department of Transportation (DOT) to undertake the removal of any unused railroad bridge in a right-of-way purchased with funds from the "New Jersey Bridge Rehabilitation and Improvement and Railroad Right-of-way Preservation Bond Act of 1989," P.L.1989, c.180, which funds were appropriated by P.L.1992, c.35, when, in the determination of the governing body of the municipality in which the bridge is located, the existence of such bridge impedes the flow of traffic on the roadway beneath the bridge, thus presenting a public safety hazard, and when such bridge is located within a right-of-way in which the integrity of the railroad line was broken prior to the purchase of the right-of-way by the department. The bill also provides that a municipality in which such bridge is located can submit a written request to DOT to undertake the removal of such bridge, provided that the removal occurs in accordance with a plan reviewed and approved by DOT. The bill provides DOT with 30 days to approve the municipality's plan for removal of the bridge or issue an alternative plan for removal by the municipality. If DOT does not act within 30 days of receipt of the municipality's request, the municipality's plan for removal will be deemed approved.
Specifically, this bill would provide for the demolition of the unused railroad bridge over Morris Avenue between Glenside Avenue and Ashwood Avenue in Summit, Union County, which is part of the abandoned Rahway Valley Line from Summit to Cranford. Another railroad bridge on this line, located over Broad Street in Summit, was removed prior to DOT's purchase of the right-of-way.
The existing bridge over Morris Avenue presents a danger to public health and safety because it impedes the passage of emergency vehicles, thus causing unnecessary, and potentially dangerous delay. This bill also provides that in the event a railroad line using the right-of-way is reactivated, a railroad bridge can be constructed at the same location in which the one was removed, provided that the reconstruction occurs at an elevation which does not impede the safe flow of traffic underneath the bridge. This bill only authorizes the removal of a railroad bridge; it does not transfer ownership of the right-of-way.
Authorizes removal of unused railroad bridge under certain circumstances.