ASSEMBLY, No. 717

STATE OF NEW JERSEY

218th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

Sponsored by:

Assemblyman  GREGORY P. MCGUCKIN

District 10 (Ocean)

Assemblyman  DAVID W. WOLFE

District 10 (Ocean)

SYNOPSIS

     Requires municipalities to reimburse qualified private communities for street paving costs.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning certain municipal services for qualified private communities and amending P.L.1989, c.299.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    Section 2 of P.L.1989, c.299 (C.40:67-23.3) is amended to read as follows:

     2.    a.  Except as otherwise provided in subsection b. of this section, the governing body of every municipality shall reimburse a qualified private community for the following services as provided in sections 4 and 5 of P.L.1989, c.299 (C.40:67-23.5 and C.40:67-23.6) or provide the following services within a qualified private community in the same fashion as the municipality provides these services on public roads and streets:

     (1)   Removal of snow, ice and other obstructions from the roads and streets;

     (2)   Lighting of the roads and streets, to the extent of payment for the electricity required, but not including the installation or maintenance of lamps, standards, wiring or other equipment; [and]

     (3)   Collection of leaves and recyclable materials along the roads and streets and the collection or disposal of solid waste along the roads and streets; and

(4)   Paving, repaving, or otherwise improving or reimproving the roads and streets or portion thereof.

     b.    Nothing in P.L.1989, c.299 (C.40:67-23.2 et seq.) shall require a municipality to operate any municipally owned or leased vehicles or other equipment, or to provide any of the services enumerated in subsection a. of this section, upon, along or in relation to any road or street in a qualified private community which either (1) is not accepted for dedication to public use or (2) does not meet all municipal standards and specifications for such dedication, except for width.

     c.     The Director of the Division of Local Government Services in the Department of Community Affairs, for the purpose of calculating the allowable operating appropriations before exceptions pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2), shall provide a cap base adjustment to the total general appropriations of the local budget year prior to the year in which the services are first provided by the municipality for the full amount appropriated pursuant to P.L.1989, c.299 (C.40:67-23.2 et seq.).

(cf: P.L.1993, c.6, s.1)

     2.    This act shall take effect immediately.

STATEMENT

     This bill would require municipalities to either pave, repave, improve, or reimprove roads and streets that have been accepted for dedication to public use or meet the municipal standards and specifications for dedication within a qualified private community or to provide reimbursement in lieu of providing the service.