Bill Text: NJ S191 | 2022-2023 | Regular Session | Introduced
Bill Title: "Palisades Cliffs Protection and Planning Act"; concerns preservation of Palisades Cliffs and creates Palisades Cliffs Preservation Council.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-06-23 - Transferred to Senate Budget and Appropriations Committee [S191 Detail]
Download: New_Jersey-2022-S191-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
SYNOPSIS
"Palisades Cliffs Protection and Planning Act"; concerns preservation of Palisades cliffs and creates Palisades Cliffs Preservation Council.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the preservation of the Palisades cliffs, creating the Palisades Cliffs Preservation Council, and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Palisades Cliffs Protection and Planning Act."
2. The Legislature finds and declares:
a. The Palisades Cliffs are a geological feature along the Hudson River that extends from New York State south into Bergen and Hudson Counties in New Jersey, and terminating in Jersey City New Jersey;
b. The Palisades Cliffs exist in several municipalities and two counties in New Jersey and dramatically define the scenic view of New Jersey north of Jersey City from the Hudson River and New York City and southern New York State;
c. The Palisades Cliffs are a recognized natural treasure that has been intentionally preserved for decades;
d. While significant portions of the Palisades Cliffs are protected based on their inclusion within parklands under the jurisdiction of the Palisades Park Commission, other portions of the Palisades Cliffs are threatened due to varied zoning ordinances and varied planning rules in municipalities through which the Palisades Cliffs run;
e. As a result of the natural beauty of the Palisades Cliffs and the views of the Hudson River and New York City, there is extensive pressure on municipalities to allow overdevelopment immediately east of the Palisades Cliffs;
f. While some municipalities have encouraged development with reasonable restrictions east of the Palisades Cliffs, other municipalities have adopted ordinances and approved development that fails to preserve the Palisades Cliffs;
g. As a result of the development pressure along the Palisades Cliffs, municipalities have failed to consider the impact of overdevelopment on surrounding municipalities;
h. The overdevelopment of the Palisades Cliffs also increases traffic congestion along the Palisades Cliffs, and this is particularly problematic in the areas where there is a narrow land mass east of the Palisades Cliffs, which does not allow for multiple roads or access points to those roads;
i. Development along the Palisades Cliffs does not just impact a single municipality, but also has a dramatic impact on both the Palisades Cliffs and the residents of surrounding municipalities;
j. Significant components of the natural beauty of the Palisades Cliffs already have been lost to development, and the pace of development in the region has and will continue to dramatically increase, further impairing this natural treasure;
k. The existing system of fragmented controls on development along the Palisades Cliffs is failing to protect the Palisades Cliffs;
l. Protection of the Palisades Cliffs is an issue of Statewide concern and importance that cannot be left to the uncoordinated land use decisions of the municipalities, counties, and myriad private landowners in the area of the Palisades Cliffs; and
m. It is in the public interest of all the citizens of the State that New Jersey enact legislation setting forth a comprehensive development plan in the area of the Palisades Cliffs, so that reasonable development is encouraged, but overdevelopment is prevented.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Cliff face" means that portion of the Palisades cliffs consisting of sheer, nearly vertical expanse of exposed rock.
"Council" means the Palisades Protection and Planning Council established by section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Crest" means the highest part of the Palisades cliffs in any location where the cliff face or side slope rapidly plateaus.
"Department" means the Department of Environmental Protection.
"Development" shall have the same meaning as provided in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
"Development regulation" shall have the same meaning as provided in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
"Government approval" means any ordinance, permit, resolution, lease, easement, license, approval, or grant of any kind issued by any government entity or agency having jurisdiction over any proposed development.
"Local government unit" means a municipality, county, or other political subdivision of the State, or any agency, board, commission, utilities authority or other authority, or other entity thereof.
"Municipalities" means the municipalities included in subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Palisade Avenue" means the road named Palisade Avenue that extends from Jersey City in Hudson County in the south to Fort Lee in Bergen County in the north.
"Palisades cliffs" means the cliff face or the side slope on the eastern side of the Palisades mountain range beginning in Fort Lee and running south into Jersey City.
"Palisades Planning Region" or "region" means that region so designated by section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Side slope" means that portion of the Palisades cliffs where the steep Palisades cliff face is absent but where the elevation rapidly declines.
4. a. There is hereby established a public body corporate and politic, with corporate succession, to be known as the "Palisades Protection and Planning Council."
b. The council shall constitute a political subdivision of the State established as an instrumentality exercising public and essential governmental functions, and the exercise by the council of the powers and duties conferred pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deemed and held to be an essential governmental function of the State.
5. The council shall consist of 10 voting members to be appointed and qualified as follows:
a. One individual from each of the following municipalities: Jersey City, Hoboken, Union City, North Bergen, Weehawken, West New York, Guttenberg, Cliffside Park, Edgewater, and Fort Lee. The members of the council shall be appointed by the respective governing body of each such municipality. The members shall be residents of the appointing municipality, except that a member who is the chief financial officer, business administrator, municipal administrator, or municipal manager of the municipality making the appointment need not be a resident of the appointing municipality. The appointees may or may not be members of the appointing governing body.
b. Council members shall serve for terms of four years, and until the member's successor has been appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment. Members may be reappointed.
c. Each member of the council, before entering upon the member's duties, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability, in addition to any oath that may be required by R.S.41:1-1 et seq. A record of the oath shall be filed with the Secretary of State.
d. The council shall organize as soon as practicable following the appointment of its initial members and shall elect annually from among its members a chair to preside over its meetings, as well as a secretary who need not be a member of the council. The council may meet and hold hearings at the place or places it designates.
e. The powers of the council shall be vested in the members thereof in office. A majority of the total authorized membership of the council shall constitute a quorum and no action may be taken by the council except upon the affirmative vote of a majority of the total authorized membership of the council. No alternate or designee of any council member shall exercise any power to vote on any matter pending before the council.
f. The members of the council shall serve without compensation, but the council may, within the limits of funds appropriated or otherwise made available for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.
g. The members and staff of the council shall be subject to the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.).
h. The council shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
i. A true copy of the minutes of every meeting of the council shall be prepared by the council secretary and forthwith delivered to the department.
6. The council shall have the following powers, duties, and responsibilities to, in addition to those prescribed elsewhere in P.L. , c. (C. ) (pending before the Legislature as this bill):
a. Adopt and from time to time amend and repeal suitable bylaws for the management of its affairs;
b. Adopt and use an official seal and alter it at the council's pleasure;
c. Maintain an office at such place or places in Hudson or Bergen County as the council may designate;
d. Sue and be sued in its own name;
e. Appoint, retain, and employ, without regard to the provisions of Title 11A, Civil Service, of the New Jersey Statutes but within the limits of funds appropriated, received from application review fees and charges pursuant to subsection o. of this section, or otherwise made available for those purposes, such officers, employees, attorneys, agents, and experts as it may require, and to determine the qualifications, terms of office, duties, services, and compensation therefor;
f. Apply for, receive, and accept, from any federal, State, or other public or private source, grants for, or in aid of, the council's authorized purposes or in the carrying out of the council's powers, duties, and responsibilities;
g. Enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient, or desirable for the purposes of the council or to carry out any power, duty, or responsibility expressly given in P.L. , c. (C. ) (pending before the Legislature as this bill);
h Call to its assistance and avail itself of the services of such employees of any State entity or local government unit as may be required and made available for such purposes;
i. Solicit and consider public input and comment on the council's activities, and other issues and matters of importance in the Palisades Planning Region by periodically holding public hearings or conferences and providing other opportunities for such input and comment by interested parties;
j. Conduct examinations and investigations, to hear testimony, taken under oath at public hearings, on any material matter, and to require attendance of witnesses and the production of books and papers;
k. Prepare and transmit to the Commissioner of Environmental Protection such recommendations for environmental protection standards pertaining to the lands of the Palisades Planning Region, as the council deems appropriate;
l. Develop model land use ordinances and other development regulations, for consideration and possible adoption by municipalities in the region, that would help protect the environment, including, but not limited to, ordinances and other development regulations pertaining to the Palisades Planning Region; and to provide guidance and technical assistance in connection therewith to those municipalities;
m Comment upon any application for development before a local government unit, on the adoption of any master plan, development regulation, or other regulation by a local government unit, or on the enforcement by a local government unit of any development regulation or other regulation, which power shall be in addition to any other review, oversight, or intervention powers of the council prescribed by P.L. , c. (C. ) (pending before the Legislature as this bill);
n. Promote brownfield remediation and redevelopment in the Palisades Planning Region; and
o. Establish and when appropriate to review and to revise, a schedule of application review fees and charges, which shall be established that the revenues from the fees and charges shall at all times be adequate to pay for all the expenses of the operations of the council, including a reasonable reserve for the use in potential litigation, to conduct studies, or other costs or expenses directly related to the council's powers, duties, and responsibilities set forth in this section, as may be deemed necessary or desirable by the council.
7. The Palisades Planning
Region shall consist of that land within the municipalities which extends up to
2000 feet east of the Palisades cliff crest at each location along the
Palisades cliffs.
8. a. Unless approved by the council, no development may be constructed in the Palisades Planning Region unless the maximum height of the proposed development, including any mechanical structures to be constructed atop the building or structure, is at or below the height whereby the sightline looking east from the crest directly to the west of the proposed development would include at least the eastern half of the Hudson River above the highest point of the proposed building or structure.
b. Where there is no discernable crest immediately to the west of the proposed development, unless otherwise specified in paragraphs (1) and (2) of this subsection, the height of the beginning of the sightline looking east for purposes of subsection a. of this section shall be the elevation of the surface of the portion of Palisades Avenue directly west of the proposed building or structure.
(1) In the following municipalities, where a street listed under this paragraph is to the west of the proposed development, the elevation of the surface of the portion of that street shall control for purposes of this subsection b. of this section instead of Palisades Avenue:
(a) Kennedy Boulevard East in North Bergen;
(b) Kennedy Boulevard East in Guttenberg;
(c) Kennedy Boulevard East in West New York;
(d) Kennedy Boulevard East, Hamilton Avenue, King Avenue, and Kingswood Road in Weehawken.; and
(e) Mountain Road and Manhattan Avenue in Union City.
(2) In the municipality of Cliffside Park, an elevation of 170 feet above sea level shall control for purposes of subsection b. of this section instead of Palisades Avenue.
9. a. The council shall, within 18 months after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), prepare criteria to be considered in allowing development in excess of the height limits set forth in section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. This criteria shall include the:
(1) development's distance from the Palisades side slope or cliff face;
(2) development's impact on traffic in the area;
(3) development's impact on citizens in neighboring municipalities;
(4) development's impact and obstruction of the Palisades side slopes and cliff face;
(5) width of the proposed development that includes any building or structure;
(6) municipality's affordable housing requirements and the number of affordable housing units in the proposed development; and
(7) number of governmental approvals the developer has received as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and the investment in the approvals.
10. The council may institute an action or proceeding in Superior Court for injunctive relief for any violation of P.L. , c. (C. ) (pending before the Legislature as this bill), ), or restriction imposed pursuant thereto. In any action or proceeding brought pursuant to this section, the court may proceed in a summary manner and may also grant temporary or interlocutory relief.
11. Any decision rendered or action taken by the council pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) may be appealed to the Superior Court of New Jersey, Law Division, in accordance with the New Jersey Rules of Court.
12. On or before March 31 in each year the council shall make an annual report of its activities for the preceding calendar year to the governing body and the chief executive officer of the municipalities and Bergen and Hudson counties. Each such report shall set forth a complete operating and financial statement covering its operations during the preceding year.
13. If any section, subsection, clause, or provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective, it shall be valid and effective and no other section, subsection, clause, or provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall on account thereof be deemed invalid or ineffective, and the inapplicability or invalidity of any section, subsection, clause, or provision of P.L. , c. (C. ) (pending before the Legislature as this bill) in any one or more instances or under any one or more circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance or under any other circumstance.
14. This act shall take
effect immediately and apply to any proposed development in the Palisades
Planning Region, except for those that have received all required government
approvals as of the effective date.
STATEMENT
This bill, "Palisades Cliffs Protection and Planning Act," would provide for the preservation of the Palisades cliffs and create the Palisades Cliffs Preservation Council.
The council created by the bill would constitute a political subdivision of the State exercising public and essential governmental functions, would have 10 voting members appointed by the governing bodies of the municipalities within the Palisades cliffs area, and would be conferred with powers, duties, and responsibilities associated with preserving and protecting the Palisades cliffs. Additionally, the bill creates the Palisades Planning Region that would consist of that land within the municipalities which extends up to 2000 feet east of the Palisades cliff crest at each location along the Palisades cliffs.
The bill provides that unless approved by the council, no development may be constructed in the Palisades Planning Region unless the maximum height of the proposed development, including any mechanical structures to be constructed atop the building or structure, is at or below the height whereby the sightline looking east from the crest directly to the west of the proposed development would include at least the eastern half of the Hudson River above the proposed building or structure. Where there is no discernable crest immediately to the west of the proposed development, except as otherwise specified in this bill, the height of the beginning of the sightline looking east would be the elevation of the surface of the portion of Palisades Avenue directly west of the proposed building or structure.
Under the bill, on or before March 31 in each year, the council is required to make an annual report of its activities for the preceding calendar year to the governing body and the chief executive officer of the municipalities and Bergen and Hudson counties. Each such report shall set forth a complete operating and financial statement covering its operations during the preceding year.
