Bill Text: NJ A1234 | 2016-2017 | Regular Session | Introduced
Bill Title: Allows counties and municipalities to use open space trust funds for remediation of collapsed mine shafts and sinkholes on property owned by county or municipality.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A1234 Detail]
Download: New_Jersey-2016-A1234-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Allows counties and municipalities to use open space trust funds for remediation of collapsed mine shafts and sinkholes on property owned by county or municipality.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act expanding the authorized uses of county and municipal open space trust funds, and amending and supplementing P.L.1997, c.24.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.24 (C.40:12-15.1) is amended to read as follows:
1. As used in P.L.1997, c.24 (C.40:12-15.1 et seq.):
"Acquisition" or "acquire" means the securing of a fee simple or a lesser interest in land, including but not limited to an easement restricting development, by gift, purchase, installment purchase agreement, devise, or condemnation.
"Blue Acres project" means any project to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and includes the demolition of structures on, the removal of debris from, and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.
"Charitable conservancy" means a corporation or trust exempt from federal income taxation under paragraph (3) of subsection (c) of section 501 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.501(c)(3)), whose purposes include (1) acquisition and preservation of lands in a natural, scenic, or open condition, or (2) historic preservation of historic properties, structures, facilities, sites, areas, or objects, or the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes.
"County trust fund" means a "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2) or a "County Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation, and Mine Remediation Trust Fund" created pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) .
"Development" means any improvement to land acquired for recreation and conservation purposes designed to expand and enhance its utilization for those purposes.
"Farmland" means land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
"Farmland preservation purposes" means the long-term preservation of farmland for agricultural or horticultural use.
"Historic preservation" means the performance of any work relating to the stabilization, repair, rehabilitation, renovation, restoration, improvement, protection, or preservation of an historic property, structure, facility, site, area, or object.
"Historic property, structure, facility, site, area, or object" means
any property, structure, facility, site, area, or object approved for inclusion, or which meets the criteria for inclusion, in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.).
"Land" or "lands" means real property, including improvements thereof or thereon, rights-of-way, water, lakes, riparian and other rights, easements, privileges and all other rights or interests of any kind or description in, relating to or connected with real property.
"Municipal trust fund" means a "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund" created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7) or a "Municipal Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation, and Mine Remediation Trust Fund" created pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Public indoor recreation" means public recreation in enclosed structures or facilities, and includes but is not limited to swimming pools, basketball courts, and ice skating rinks open for public use.
"Recreation and conservation purposes" means the use of lands for parks, open space, natural areas, ecological and biological study, forests, water reserves, wildlife preserves, fishing, hunting, camping, boating, winter sports, or similar uses for either public outdoor recreation or conservation of natural resources, or both, or the use of lands for public indoor recreation.
(cf: P.L.2011, c.173, s.1)
2. (New section) a. (1) Notwithstanding any provision of P.L.1997, c.24 (C.40:12-15.1 et seq.) to the contrary, the governing body of a county whose voters, prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), approved a proposition pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) for any of the purposes enumerated in paragraph (1) of subsection a. of section 2 of P.L.1997, c.24 (C.40:12-15.2) may adopt an ordinance to use monies in the "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund," created pursuant to subsection c. of section 2 of P.L.1997, c.24 (C.40:12-15.2), for the additional purpose of the remediation of collapsed mine shafts and sinkholes on property owned by the county.
(2) Prior to the adoption of an ordinance pursuant to paragraph (1) of this subsection, the governing body of the county shall conduct at least one public hearing thereon at least 45 days before the governing body may adopt the ordinance. In addition to any other applicable requirements of law, rule, or regulation, the governing body shall provide notice of the public hearing required pursuant to this subsection, at least 30 days before the date of the hearing, in the following manner:
(a) by mailing or otherwise providing a written copy of the notice to: the county clerk; the municipal clerk of each municipality within the county; any person who has made a request in writing to receive such notices; the Commissioner of Environmental Protection; and the Secretary of Agriculture; and
(b) by publishing the notice in a daily or weekly newspaper of general circulation in the county and each municipality in the county.
(3) The notice required pursuant to paragraph (2) of this subsection shall include:
(a) a general description of the county's plans for the remediation of collapsed mine shafts and sinkholes on property owned by the county and the location of any lands anticipated to be affected;
(b) an estimate of the anticipated cost of the remediation of the collapsed mine shafts or sinkholes;
(c) a description of the anticipated impact of the use of funds for the remediation of collapsed mine shafts and sinkholes on property owned by the county will have on each of the plans prepared and adopted by the county pursuant to subsection d. of section 2 of P.L.1997, c.24;
(d) the date, time, and place of the public hearing;
(e) instructions detailing the manner in which the public may submit written comments to the governing body of the county on or before the date of the public hearing; and
(f) the name and address of the person designated by the governing body of the county to receive the written comments and contact for additional information.
b. Upon adoption of an ordinance pursuant to subsection a. of this section, the county trust fund created for the purposes of P.L.1997, c.24 shall be dissolved and any monies therein shall be deposited into a "County Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation, and Mine Remediation Trust Fund" to be created and utilized for the purposes authorized pursuant to section 2 of P.L.1997, c.24 and for the remediation of collapsed mine shafts and sinkholes on property owned by the county.
c. Upon adoption of an ordinance pursuant to subsection a. of this section, the governing body of the county shall provide a copy of the adopted ordinance to the Commissioner of Environmental Protection and the Secretary of Agriculture.
d. A county shall not expend more than $100,000 for any proposed project or use related to the remediation of a collapsed mine shaft or sinkhole pursuant to an ordinance adopted pursuant to subsection a. of this section unless the governing body of the county first conducts a public hearing on the proposed project or use and adopts an ordinance authorizing the specific expenditure.
(1) A public hearing required pursuant to this subsection shall be held at least 45 days before the governing body may adopt the ordinance. In addition to any other applicable requirements of law, rule, or regulation, the governing body shall provide notice of the public hearing required pursuant to this subsection, at least 30 days before the date of the hearing, in the following manner:
(a) by mailing or otherwise providing a written copy of the notice to: the county clerk; the municipal clerk of each municipality within the county; any person who has made a request in writing to receive such notices; the Commissioner of Environmental Protection; and the Secretary of Agriculture; and
(b) by publishing the notice in a daily or weekly newspaper of general circulation in the county and each municipality in which the collapsed mine hole or sinkhole is located.
(2) The notice required pursuant to paragraph (1) of this subsection shall include:
(a) a general description of the location of the land or lands to be affected, the proposed remediation for the collapsed mine shaft or sinkhole, and the estimated cost of the proposed project;
(b) a schedule setting forth the anticipated commencement and completion date for the proposed project;
(c) the date, time, and place of the public hearing;
(d) instructions detailing the manner in which the public may submit written comments to the governing body of the county on or before the date of the public hearing; and
(e) the name and address of the person designated by the governing body of the county to receive the written comments and contact for additional information.
e. In no case shall a county increase the amount or rate of the levy previously approved by the voters pursuant to P.L.1997, c.24 without submitting a proposition to the voters amending or supplementing the proposition previously submitted, approved, and implemented pursuant to section 2 of P.L.1997, c.24.
3. (New section) a. (1) Notwithstanding any provision of P.L.1997, c.24 (C.40:12-15.1 et seq.) to the contrary, the governing body of a municipality whose voters, prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), approved a proposition pursuant to P.L.1997, c.24 (C.40:12-15.1 et seq.) for any of the purposes enumerated in paragraph (1) of subsection a. of section 7 of P.L.1997, c.24 (C.40:12-15.7) may adopt an ordinance to use monies in the "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Fund," created pursuant to subsection c. of section 7 of P.L.1997, c.24 (C.40:12-15.7), for the additional purpose of the remediation of collapsed mine shafts and sinkholes on property owned by the municipality.
(2) Prior to the adoption of a ordinance pursuant to paragraph (1) of this subsection, the governing body of the municipality shall conduct at least one public hearing thereon at least 45 days before the governing body may adopt the ordinance. In addition to any other applicable requirements of law, rule, or regulation, the governing body shall provide notice of the public hearing required pursuant to this subsection, at least 30 days before the date of the hearing, in the following manner:
(a) by mailing or otherwise providing a written copy of the notice to: the municipal clerk; any person who has made a request in writing to receive such notices; the Commissioner of Environmental Protection; and the Secretary of Agriculture; and
(b) by publishing the notice in a daily or weekly newspaper of general circulation in the municipality and in the county.
(3) The notice required pursuant to paragraph (2) of this subsection shall include:
(a) a general description of the municipality's plans for the remediation of collapsed mine shafts and sinkholes on property owned by the municipality and the location of any lands anticipated to be affected;
(b) an estimate of the aggregate amount of monies anticipated to be necessary for the remediation of the collapsed mine shafts or sinkholes;
(c) a description of the anticipated impact of the use of funds for the remediation of collapsed mine shafts and sinkholes on property owned by the municipality will have on any of the purposes enumerated in paragraph (1) of subsection a. of section 7 of P.L.1997, c.24 (C.40:12-15.7) previously approved by the voters of the municipality;
(d) the date, time, and place of the public hearing;
(e) instructions detailing the manner in which the public may submit written comments to the governing body of the municipality on or before the date of the public hearing; and
(f) the name and address of the person designated by the governing body of the municipality to receive the written comments and contact for additional information.
b. Upon adoption of an ordinance pursuant to subsection a. of this section, the municipal trust fund created for the purposes of P.L.1997, c.24 shall be dissolved and any monies therein shall be deposited into a "Municipal Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation, and Mine Remediation Trust Fund" to be created and utilized for the purposes authorized pursuant to section 2 of P.L.1997, c.24 and for the remediation of collapsed mine shafts and sinkholes on property owned by the municipality.
c. Upon adoption of an ordinance pursuant to subsection a. of this section, the governing body of the municipality shall provide a copy of the adopted ordinance to the Commissioner of Environmental Protection and the Secretary of Agriculture.
d. A municipality shall not expend more than $100,000 for any proposed project or use related to the remediation of a collapsed mine shaft or sinkhole pursuant to an ordinance adopted pursuant to subsection a. of this section unless the governing body of the municipality first conducts a public hearing on the proposed project or use and adopts an ordinance authorizing the specific expenditure.
(1) A public hearing required pursuant to this subsection shall be held at least 45 days before the governing body may adopt the ordinance. In addition to any other applicable requirements of law, rule, or regulation, the governing body shall provide notice of the public hearing required pursuant to this subsection, at least 30 days before the date of the hearing, in the following manner:
(a) by mailing or otherwise providing a written copy of the notice to: the municipal clerk; any person who has made a request in writing to receive such notices; the Commissioner of Environmental Protection; and the Secretary of Agriculture; and
(b) by publishing the notice in a daily or weekly newspaper of general circulation in the municipality and in the county.
(2) The notice required pursuant to paragraph (1) of this subsection shall include:
(a) a general description of the location of the land or lands to be affected, the proposed remediation for the collapsed mine shaft or sinkhole, and the estimated cost of the proposed project;
(b) a schedule setting forth the anticipated commencement and completion date for the proposed project;
(c) the date, time, and place of the public hearing;
(d) instructions detailing the manner in which the public may submit written comments to the governing body of the municipality on or before the date of the public hearing; and
(e) the name and address of the person designated by the governing body of the municipality to receive the written comments and contact for additional information.
e. In no case shall a municipality increase the amount or rate of the levy previously approved by the voters pursuant to P.L.1997, c.24 without submitting a proposition to the voters amending or supplementing the proposition previously submitted, approved, and implemented pursuant to section 7 of P.L.1997, c.24.
4. This act shall take
effect immediately.
STATEMENT
This bill would allow a county or municipality to use monies in their "open space trust fund" for the remediation of collapsed mine shafts and sinkholes on property owned by the county or municipality.
Under current law, counties are authorized to establish "County Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds" and municipalities are authorized to establish "Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds." These funds are often referred to as "open space trust funds." This bill would expand this authorization to allow counties and municipalities to use the monies in such funds for the additional purpose of remediation of collapsed mine shafts and sinkholes on property owned by the county or municipality.
Under this bill, a county or municipality would not be required to obtain voter approval to use funds in their open space trust fund for the remediation of collapsed mine shafts and sinkholes; however, the county or municipality would be required to adopt a resolution or ordinance, as appropriate, prior to doing so, and comply with public notice requirements contained in the bill.
