[First Reprint]

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") ¹[is authorized to undertake] shall authorize¹ 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 ¹[a]¹ 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. ¹[Upon written request of such a municipality, the] The¹ department shall authorize ¹[the] a¹ municipality ¹in which such bridge is located¹ to undertake the removal of the railroad bridge ¹[, provided that the removal occurs]¹ in accordance with a plan reviewed and approved by the department. The department shall have 30 days, from date of receipt ¹of a written plan for the removal of the railroad bridge¹, 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 ¹[a]¹ 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.

Authorizes removal of unused railroad bridge under certain circumstances.