Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator NICHOLAS J. SACCO
District 32 (Bergen and Hudson)
SYNOPSIS
Palisades Cliffs Protection and Planning Act concerns preservation of Palisades cliffs and creates Palisades Cliffs Preservation Council.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the preservation of the Palisades cliffs, creating the Palisades Cliffs Preservation Council, 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. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the Palisades Cliffs Protection and Planning Act.
2. The Legislature finds and declares:
a. The Palisades Cliffs are a geological feature along the Hudson River that extends from New York State south into Bergen and Hudson Counties in New Jersey, and terminating in Jersey City New Jersey;
b. The Palisades Cliffs exist in several municipalities and two counties in New Jersey and dramatically define the scenic view of New Jersey north of Jersey City from the Hudson River and New York City and southern New York State;
c. The Palisades Cliffs are a recognized natural treasure that has been intentionally preserved for decades;
d. While significant portions of the Palisades Cliffs are protected based on their inclusion within parklands under the jurisdiction of the Palisades Park Commission, other portions of the Palisades Cliffs are threatened due to varied zoning ordinances and varied planning rules in municipalities through which the Palisades Cliffs run;
e. As a result of the natural beauty of the Palisades Cliffs and the views of the Hudson River and New York City, there is extensive pressure on municipalities to allow overdevelopment immediately east of the Palisades Cliffs;
f. While some municipalities have encouraged development with reasonable restrictions east of the Palisades Cliffs, other municipalities have adopted ordinances and approved development that fails to preserve the Palisades Cliffs;
g. As a result of the development pressure along the Palisades Cliffs, municipalities have failed to consider the impact of overdevelopment on surrounding municipalities;
h. The overdevelopment of the Palisades Cliffs also increases traffic congestion along the Palisades Cliffs, and this is particularly problematic in the areas where there is a narrow land mass east of the Palisades Cliffs, which does not allow for multiple roads or access points to those roads;
i. Development along the Palisades Cliffs does not just impact a single municipality, but also has a dramatic impact on both the Palisades Cliffs and the residents of surrounding municipalities;
j. Significant components of the natural beauty of the Palisades Cliffs already have been lost to development, and the pace of development in the region has and will continue to dramatically increase, further impairing this natural treasure;
k. The existing system of fragmented controls on development along the Palisades Cliffs is failing to protect the Palisades Cliffs;
l. Protection of the Palisades Cliffs is an issue of Statewide concern and importance that cannot be left to the uncoordinated land use decisions of the municipalities, counties, and myriad private landowners in the area of the Palisades Cliffs; and
m. It is in the public interest of all the citizens of the State that New Jersey enact legislation setting forth a comprehensive development plan in the area of the Palisades Cliffs, so that reasonable development is encouraged, but overdevelopment is prevented.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
Cliff face means that portion of the Palisades cliffs consisting of sheer, nearly vertical expanse of exposed rock.
Council means the Palisades Protection and Planning Council established by section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Crest means the highest part of the Palisades cliffs in any location where the cliff face or side slope rapidly plateaus.
Department means the Department of Environmental Protection.
Development shall have the same meaning as provided in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
Development regulation shall have the same meaning as provided in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
Government approval means any ordinance, permit, resolution, lease, easement, license, approval, or grant of any kind issued by any government entity or agency having jurisdiction over any proposed development.
Local government unit means a municipality, county, or other political subdivision of the State, or any agency, board, commission, utilities authority or other authority, or other entity thereof.
Municipalities means the municipalities included in subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Palisade Avenue means the road named Palisade Avenue that extends from Jersey City in Hudson County in the south to Fort Lee in Bergen County in the nort