Bill Text: NJ A993 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires DEP to hold local public hearing for certain major developments located in a State park or forest.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A993 Detail]
Download: New_Jersey-2010-A993-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
SYNOPSIS
Requires DEP to hold local public hearing for certain major developments located in a State park or forest.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the development of State parks and forests, and supplementing P.L.1983, c.324 (C.13:1L-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a (1) The Department of Environmental Protection shall hold at least one public hearing prior to the commencement of a major development that would result in the disturbance of one-half acre or more of land at a State park or forest. The public hearing shall be held in the municipality in which the State park or forest is located, at least 60 days prior to the commencement of the major development.
(2) For any major development that would result in the disturbance of one-half acre or more of land at a State park or forest that has commenced site preparation prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) but has not completed construction prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Environmental Protection shall hold, within 30 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), a public hearing in the municipality in which the State park or forest is located.
(3) The requirement for a public hearing pursuant to this subsection shall not apply to:
(i) the restoration or maintenance of any existing structure or trail; or
(ii) the construction of any new trail that is a part of an approved trails plan which included the opportunity for public comment.
b. (1) At least 15 days in advance of the date of the public hearing required pursuant to subsection a. of this section, the department shall publish at least one notice thereof in one or more newspapers of general circulation in the municipality, and provide written notice of the hearing to the respective governing body, planning board and clerk of the municipality and the county. If there is more than one major development in the same municipality, the department may hold one public hearing for those major developments that are located in the same municipality.
(2) In the event that the State park or forest is located in more than one municipality, at least one public hearing shall be held in one of the municipalities wherein the State park or forest is located. Additional public hearings shall be held in other municipalities wherein the State park or forest is also located upon request of the governing body of any such municipality. Notice of any such additional public hearings shall be provided in the same manner as prescribed in paragraph (1) of this subsection.
c. For the purposes of this section, "disturbance" means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
2. This act shall take effect immediately.
STATEMENT
This bill, would require the Department of Environmental Protection (DEP) to hold at least one public hearing, after giving appropriate public notice as prescribed in the bill, prior to the commencement of a major development that would result in the disturbance of one-half acre or more of land at a State park or forest. The public hearing would be held in the municipality in which the State park or forest is located at least 60 days prior to the commencement of the major development.
For any major development that would result in the disturbance of one-half acre or more of land in a State park or forest that has commenced site preparation prior to the date of enactment of the bill into law but has not completed construction prior to the date of enactment, the DEP would be required to hold, within 30 days after the date of enactment, a public hearing in the municipality in which the State park or forest is located.
The bill provides that a public hearing would not be required for the restoration and maintenance of existing structures or trails, or for any new trails that are part of an approved trails plan.
In the event that the State park or forest is located in more than one municipality, at least one public hearing would be held in one of the municipalities wherein the State park or forest is located. Additional public hearings would be held in other municipalities wherein the State park or forest is also located upon request of the governing body of any such municipality. If there is more than one major development located in the same municipality, the DEP may hold one public hearing for those major developments that are located in the same municipality.
