Bill Text: NJ A1362 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits municipalities to charge a fee to cover ancillary costs of traffic control; limits fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Housing and Local Government Committee [A1362 Detail]
Download: New_Jersey-2012-A1362-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Permits municipalities to charge a fee to cover ancillary costs of traffic control; limits fee.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning municipal charges for construction site traffic direction, and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 9 of P.L.1975, c. 291 (C.40:55D-18) is amended to read as follows:
9. Enforcement. a. The governing body of a municipality shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to (1) the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, (2) the use or occupancy of any building, structure or land, and (3) the subdivision or resubdivision of any land; and shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate State, county or municipal agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. The administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor. If the administrative officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
b. Whenever a municipality determines that the services of a municipal police officer or officers to direct traffic around a construction site are necessary, the municipality shall be permitted to charge a fee to cover the ancillary costs associated with providing such services, provided that the fee shall not be greater than an amount equal to 10 percent of the total compensation paid to the police officer or officers while performing the services. The provisions of this subsection shall apply regardless of whether the services are performed by on-duty or off-duty police officers.
(cf: P.L.2001, c.49, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill authorizes a municipality to charge a fee to cover its ancillary costs in providing police officers to direct traffic around construction sites, pursuant to the enforcement powers granted under the "Municipal Land Use Law." The bill also provides that such a fee may not be greater than 10 percent of the costs of the compensation paid to the police officers who perform the services. It has been reported that some municipalities have been charging unreasonably high fees in connection with the related costs of traffic control around construction sites. While recognizing the costs associated with traffic directing in addition to police personnel, the bill establishes a reasonable standard for all municipalities to follow concerning the charging of ancillary amounts.
