SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 1571

STATE OF NEW JERSEY

DATED: JANUARY 14, 1997

      The Senate Community Affairs Committee reports favorably Senate Bill No. 1571.

      This bill would clarify that the 200 foot radius within which notice must be given under various circumstances under the "Municipal Land Use Law" and county planning statutes shall not include any body of water which is less than two miles in width at its widest point. In other words, when determining which properties are entitled to either notice or protest, the party which must provide the notice shall not include in the calculation any body of water depicted on the tax map which is less than two miles in width at its widest point. The bill specifies that this provision shall apply to any river, lake, estuary, tributary, channel, stream, or any other body of water which either forms a municipal boundary, or would otherwise be included within the 200 foot radius for notice purposes under those laws.

      This bill is intended to address those situations whereby property owners in an adjoining municipality may endure some hardship as a result of a development activity in a neighboring municipality, but would otherwise not be entitled to notice of an application before a neighboring planning or zoning board because a body of water forms the boundary between the municipalities, thereby placing those persons outside the 200 foot notice limit. The bill also addresses the same situation which may occur within municipalities where bodies of water may otherwise prevent affected owners from gaining the benefit of notice of applications for development.