Bill Text: NJ A205 | 2012-2013 | Regular Session | Introduced
Bill Title: Eliminates DOT approval of municipal traffic calming measures in business districts.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-11-25 - Reported out of Assembly Committee, 2nd Reading [A205 Detail]
Download: New_Jersey-2012-A205-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman Coughlin
SYNOPSIS
Eliminates DOT approval of municipal traffic calming measures in business districts.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning traffic calming measures taken by municipalities on State roadways and amending P.L.2004, c.107.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2004, c.107 (C.39:4-8.10) is amended to read as follows:
2. a. Pursuant to the provisions of section 3 of P.L.2004, c.107 (C.39:4-8.11), a municipality or county may, without the approval of the commissioner, construct a speed hump on two-lane residential streets and on one-way residential streets under municipal or county jurisdiction with a posted speed of 30 mph or less and which have fewer than 3,000 vehicles per day. The board of directors of any corporation, or the board of trustees of any corporation or other institution of a public or semipublic nature not for pecuniary profit, having control over private roads, may construct or provide for the construction of a speed hump on any private road subject to the provisions of Title 39 of the Revised Statutes, pursuant to P.L.1945, c.284 (C.39:5A-1 et seq.).
b. Pursuant to the provisions of section 3 of P.L.2004, c.107 (C.39:4-8.11), a municipality or county may, without the approval of the commissioner, construct traffic calming measures where appropriate, which may include, but are not limited to, speed humps on streets under municipal or county jurisdiction with a posted speed of 30 mph or less and which have fewer than 3,000 vehicles per day when any road construction project or repair of a street set forth in this subsection is undertaken and located within 500 feet of that street is a school or any property used for school purposes.
c. Prior to a municipality or county constructing a speed hump which places any impact on roadways in an adjoining municipality or county, the governing board or body of the municipality or county shall provide appropriate notice to the adjoining municipality or county.
d. [Prior] (1) Except as provided for in paragraph (2) of this subsection, prior to a municipality or county constructing a speed hump which places any impact on a State roadway, the county or municipality shall obtain the approval of the commissioner.
(2) A municipality may
authorize the imposition or construction of traffic calming measures on any
State or county roadway, other than a roadway designated as a coastal
evacuation route by the New Jersey Department of Emergency
Management, going through a business district, without obtaining the approval
of the commissioner. However, the municipality shall provide notice to
the commissioner of any traffic calming action taken on a State or county
roadway. In the event the traffic calming measure taken by the municipality
involves the installment of speed humps or other similar structure, the traffic
calming measure shall be inspected by the municipal engineer to ensure the
traffic calming measures comply with the Manual of Uniform Traffic Control
Devices for Streets and Highways, adopted by the Commissioner of
Transportation, and any other Department of Transportation rules and
regulations governing such traffic calming measures. For the purposes of this
paragraph, "business district" means, two or more consecutive blocks which
consist of primarily commercial property.
(cf: P.L.2008, c.110, s.5)
2. This act shall take effect immediately.
STATEMENT
This bill would authorize a municipality to implement traffic calming measures, such as speed humps, on State and county roadways which go though business districts situated within a municipality, without first obtaining the approval of the Commissioner of the Department of Transportation. The municipality would need only to provide notice of the department of its intention to implement traffic calming measures on the State roadway. Under the bill, if a municipality constructs traffic calming devices on a State or county roadway, the municipal engineer is responsible for ensuring that the traffic calming measure complies with the Manual of Uniform Traffic Control Devices for Streets and Highways, as adopted by the Commissioner of Transportation. For the purposes of the bill, a business district is defined as an area having two or more consecutive blocks of primarily commercial property. This bill would not apply to roadways designated as coastal evacuation routes by the New Jersey Office of Emergency Management.
In addition to the obvious public safety benefits associated with traffic calming measures, the bill would benefit local small businesses which may sit on busy roadways. Small business owners have voiced concerns that the high speeds at which many drivers travel over New Jersey roadways cause the drivers to be inattentive to the stores that they are passing. Traffic calming measures in business districts would provide a benefit to local merchants in the form of increased sales as well as to the State in the form of additional tax revenue. Eliminating this overly burdensome, State mandated, regulation would benefit the State, municipality, and the small business owners who form the foundation of New Jersey's economy.
