Bill Text: NJ A1770 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes statutory procedure for annexation of municipality by another county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A1770 Detail]
Download: New_Jersey-2010-A1770-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Essex, Morris, Somerset and Union)
SYNOPSIS
Establishes statutory procedure for annexation of municipality by another county.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning annexation of land and amending N.J.S.40A:7-12 and P.L.1982, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:7-12 is amended to read as follows:
40A:7-12. Land in one municipality or county may be annexed to another municipality or county to which said land is contiguous. To effect such annexation, a petition in writing shall be presented to the governing body of the municipality or county to which such annexation is sought to be made, specifically setting forth the boundaries of such land, signed by at least 60% of the legal voters residing thereon. If the land is vacant, the petition may be signed by the person or persons owning at least 60% of said land as shown by the assessor's duplicate for the preceding year. The petition shall be duly verified by one of the signers, and shall have attached thereto the oath of an assessor of the municipality in which said land is located, or of some other person having access to the assessor's books, setting forth the assessed value of the real estate contained within the boundaries for the preceding year, and the amount of real estate assessed to any of the persons whose names are signed to such petition. The petition shall also have attached thereto a certified copy of a resolution adopted by two-thirds of the full membership of the governing body of the municipality or county in which said land is located, consenting to said annexation.
[Prior]In the case of annexation of land within a county, prior to action on a resolution to consent to or to deny the petition for annexation, the governing body of the municipality in which the land is located shall, within 14 days of the receipt of the petition, refer the petition to its planning board, which shall, within 45 days of its receipt, report to the governing body on the impact of the annexation upon the municipality. Action on a resolution to consent to or deny the annexation shall be taken within 30 days of receipt of the planning board's report.
In the case of annexation of land from one county to another, prior to action on a resolution to consent to or to deny the petition for annexation, the governing body of the municipality in which the land is located shall, within 14 days of the receipt of the petition, refer the petition to its planning board, which shall, within 45 days of its receipt, report to the governing body on the impact of the annexation upon the municipality. The county to which the land shall be annexed must also submit a report to the planning board within 45 days of its receipt of the petition, outlining how the county intends to serve the annexed area with public services so that the municipality's residents will receive county services at substantially the same levels as those currently provided within the county in which the area to be annexed is currently situated. The county must also indicate how it intends to finance the extension of public services. Action on a resolution to consent to or deny the annexation shall be taken within 30 days of receipt of the planning board's report.
(cf: P.L.1982, c.182, s.1)
2. Section 2 of P.L.1982, c.182 (C.40A:7-12.1) is amended to read as follows:
2. In any judicial review of the refusal of the governing body of the municipality or county in which the land is located or the governing body of the municipality or county to which annexation is sought to consent to the annexation, the petitioners have the burden of establishing that the refusal to consent to the petition was arbitrary or unreasonable, that refusal to consent to the annexation is detrimental to the economic and social well-being of a majority of the residents of the affected land, and that the annexation will not cause a significant injury to the well-being of the municipality in which the land is located.
(cf: P.L.1982, c. 182, s. 2)
3. This act shall take effect immediately.
STATEMENT
This bill establishes the statutory procedure for the annexation of a municipality by another county. To effect such annexation, a petition in writing shall be presented to the governing body of the municipality or county to which such annexation is sought to be made, specifically setting forth the boundaries of such land, signed by at least 60% of the legal voters residing thereon. If the land is vacant, the petition may be signed by the person or persons owning at least 60% of said land as shown by the assessor's duplicate for the preceding year. The petition shall be duly verified by one of the signers, and shall have attached thereto the oath of an assessor of the municipality in which said land is located, or of some other person having access to the assessor's books, setting forth the assessed value of the real estate contained within the boundaries for the preceding year, and the amount of real estate assessed to any of the persons whose names are signed to such petition. The petition shall also have attached thereto a certified copy of a resolution adopted by two-thirds of the full membership of the governing body of the municipality or county in which said land is located, consenting to said annexation.
Prior to action on a resolution to consent to or to deny the petition for annexation, the governing body of the municipality in which the land is located shall, within 14 days of the receipt of the petition, refer the petition to its planning board, which shall, within 45 days of its receipt, report to the governing body on the impact of the annexation upon the municipality. The county to which the land shall be annexed must also submit a report to the planning board within 45 days of its receipt of the petition, outlining how the county intends to serve the annexed area with public services so that the municipality's residents will receive county services at substantially the same levels as those currently provided within the county in which the area to be annexed is currently situated. The county must also indicate how it intends to finance the extension of public services. Action on a resolution to consent to or deny the annexation shall be taken within 30 days of receipt of the planning board's report.
