SENATE, No. 831

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 26, 1996

By Senator BUBBA

An Act concerning projects of certain State authorities which impact upon residential districts and amending P.L.1975, c.291.

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

    1. Section 22 of P.L.1975, c.291 (C.40:55D-31) is amended to read as follows:

    22. Review of capital projects. [Whenever] Notwithstanding any provision of law, rule or regulation to the contrary, whenever the planning board shall have adopted any portion of the master plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the planning board for review and recommendation in conjunction with such master plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district, or other authority, redevelopment agency, school board or other similar public agency, State, county or municipal. Whenever a planning board finds that an action referred by the New Jersey Highway Authority, the New Jersey Turnpike Authority or the South Jersey Transportation Authority will impact upon a residential district in the municipality, the planning board may: approve the action; specify conditions which the authority shall include in the action; or prohibit the authority from taking action. The authority shall be bound by the determination of the planning board.

(cf: P.L.1975, c.291, s.22)

    2. This act shall take effect immediately.

STATEMENT

    This bill would authorize a municipal planning board to approve, deny or set forth conditions upon an action referred to it by the New Jersey Highway Authority, the New Jersey Turnpike Authority or the South Jersey Transportation Authority whenever the planning board determines that the action would impact upon a residential district in the municipality.

Authorizes municipal planning board to approve, deny or establish conditions for certain State actions impacting residential districts.