Bill Text: NJ S961 | 2012-2013 | Regular Session | Introduced


Bill Title: Requires municipality to post sign on property subject of development application.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-03-08 - Reported from Senate Committee, 2nd Reading [S961 Detail]

Download: New_Jersey-2012-S961-Introduced.html

SENATE, No. 961

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JANUARY 17, 2012

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Requires municipality to post sign on property subject of development application.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain notice requirements for development applications 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.    a.  For applications for which a public notice of a hearing is required to be given pursuant to subsection a. of section 7.1 of P.L.1975, c.291 (C.40:55D-12), a designated municipal official may, if authorized pursuant to municipal ordinance, post a sign on the property which is the subject matter of a development application containing the following notice:

 

PUBLIC NOTICE

 

A Development Application has been filed with the___________ (Zoning Board of Adjustment or Planning Board, as appropriate) relative to this property.  For more information, call ____________ (Telephone number of designated municipal official) and reference application # ______.

 

     b.    A sign authorized to be posted in accordance with the provisions of subsection a. of this section shall be printed in accordance with size, material and type-face standards set forth pursuant to municipal ordinance.  The sign shall be posted not later than 10 days before the first scheduled public hearing on the application and shall remain posted for 45 days following the memorialization of any board action.  The sign shall be posted on all streets upon which the application has property fronting, other than limited access highways that are under State jurisdiction.  The sign shall be posted as close as is reasonably possible to the center of the property fronting the street, and shall be placed facing the street and approximately 30 feet back from the edge of the right-of-way, if practicable.  In the event that properties border a State highway, the sign shall not encroach on the right of way of the highway.  The sign shall be clearly visible from the street.  The designated municipal official shall be responsible for the maintenance and removal of any sign which the official has posted.

     c.     The designated municipal official, at or before the scheduled public hearing, shall file with the board a certification verifying the date the sign was posted, its location on the property and a picture of the sign located on the property.

     d.    In addition to any other fees authorized under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), an applicant may be charged a fee, not to exceed $75, to cover the actual costs of printing and posting the notices required under this section.

     e.     The failure of a designated municipal official to post or maintain a sign on the property which is the subject matter of a development application or to file with the board a certification under this section, shall not invalidate any determination, decision, hearing or proceeding with respect to that application.

 

     2.    This act shall take effect on the first day of the third month next following enactment.

 

 

STATEMENT

 

     This bill would permit a designated municipal official, in a municipality which has adopted an ordinance for such purposes, to post a sign on the property which is the subject matter of a development application, for those applications for which a public notice of a hearing is required to be given pursuant to subsection a. of section 7.1 of P.L.1975, c.291 (C.40:55D-12).  The notice would contain information as to the board with which the application was filed, an application reference number, and a designated contact person and telephone number in the municipality.

     If a municipality elects to adopt the ordinance, any signs to be posted shall be printed in accordance with size, material and type-face standards set forth pursuant to municipal ordinance.  The sign is to be posted not later than 10 days before the first scheduled public hearing on the application and shall remain posted for 45 days following the memorialization of any board action.  The sign is to be posted on all streets upon which the application has property fronting, other than limited access highways that are under State jurisdiction.  The sign should be posted as close as is reasonably possible to the center of the property fronting the street, facing the street and approximately 30 feet back from the paved portion of the street, if practicable.  The sign is required to be clearly visible from the street.  If the property borders a State highway, the sign cannot encroach on the right-of-way of the highway.

     The bill permits an applicant to be charged a fee, not to exceed $75, to cover the actual costs of printing and posting the notices required under the bill.

     The bill also provides that the failure of a designated municipal official to post or maintain a sign on the property which is the subject matter of a development application shall not invalidate any hearing or proceeding with respect to that application.

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