Bill Text: NJ A2842 | 2012-2013 | Regular Session | Introduced
Bill Title: Imposes moratorium on construction and land use approvals in 100-year floodplains.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-10 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A2842 Detail]
Download: New_Jersey-2012-A2842-Introduced.html
Sponsored by:
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Imposes moratorium on construction and land use approvals in 100-year flood plains.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning development within 100-year flood plains.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that flooding has repeatedly occurred throughout low-lying areas of the State, resulting in the loss of life, damage to property, and conditions that are detrimental to the health, safety, and general welfare of New Jersey residents, businesses, and units of government. Public moneys are being dedicated to the purchase and demolition of buildings that have been constructed within flood-prone areas. While the State and federal governments review standards governing the development within flood-prone areas, it is vital to ensure that properties lying within flood-prone areas are not developed in ways that may exacerbate an already formidable problem. It is therefore necessary in furtherance of this compelling public purpose to impose a short-term moratorium on development within 100-year flood plains.
2. Notwithstanding any provision of law to the contrary, no application for development authorizing the construction of a building or structure within a 100-year flood plain shall be approved during the six-year period following the date of enactment of this act.
3. Notwithstanding any provision of law to the contrary, no construction permit shall be issued for the construction of a building or structure within a 100-year flood plain during the six-year period following the date of enactment of this act.
4. Notwithstanding any provision of law to the contrary, and notwithstanding any authorization or permission granted under the provisions of any government approval or permit to the contrary, no person shall commence construction of a building or structure within a 100-year flood plain during the six-year period following the date of enactment of this act unless work had commenced on improvements covered by a performance guarantee pursuant to paragraph (1) of subsection a. of section 41 of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-53) or on any building or structure prior to the date of enactment of this act.
5. This act shall take effect immediately.
STATEMENT
This bill would impose a moratorium on development approvals, permit issuances and construction starts involving the construction of buildings or structures on land lying within a 100-year flood plain for a six-year period following enactment of the bill. This moratorium is necessary while the State and federal governments redesign the laws governing the development of flood plains in order to minimize the adverse impacts of flooding on these and nearby properties.
