Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Prohibits construction of municipal buildings used in connection with public works activities within certain distance of residential district in certain municipalities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning construction of public works facilities in certain municipalities 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. A municipality having a population of not more than 15,000 shall not construct a new building to be used by the municipality in connection with a public works activity within 50 feet of a residential district within the municipality. This subsection shall not be construed to prevent the construction of a building that is necessary for compliance with federal law, or to prevent the construction of a building by State or county government, or by a private entity.
b. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Building” means a structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the shelter, enclosure and support of individuals, animals or property of any kind.
“Public works activity” means maintenance of streets, drainage, public buildings and places, water and waste water, solid waste, motor vehicles, or similar items related to the physical plant and infrastructure of a municipality. For the purposes of this section, a municipal utilities authority shall not be considered a public works activity.
2. This act shall take effect immediately and shall apply to any building for which a construction permit is issued on or after the 90th day following the date of enactment.
STATEMENT
Under this bill, a municipality having a population of not more than 15,000 would be prohibited from constructing a new building that will be used by the municipality in connection with a public works activity within 50 feet of a residential district within the municipality. The bill would not prohibit the construction of a building that would be necessary for compliance with federal law, or prevent construction of a building by State or county government, or by a private entity.