State Laws

New Jersey State Laws Linked to the State Planning Act

Note: The material presented in this section is extracted from NJOSP Document #112, "New Jersey Statutes and Regulations Citing the State Planning Act." For the complete document, click here. [pdf 1M]

Introduction
Frequently, coordination among government activities is achieved through linkages among the laws and regulations establishing and governing these activities. This has been the case with New Jersey's State Planning Act, which is cross-referenced in the Municipal Land Use Law, the Fair Housing Act, the Coastal Area Facility Review Act, the Local Redevelopment and Housing Law, the Transportation Development District Act and a variety of other New Jersey statutes.

The research for this document included a Westlaw® database search of all New Jersey legislative statutes listed in the New Jersey Statutes Annotated (N.J.S.A.) that cite either "state planning" or "State Development and Redevelopment". This search, conducted by the New Jersey State Library in August 1995, generated a list of 48 citations. Sixteen of these citations were in the State Planning Act itself. Of the 32 citations outside the State Planning Act, only 20 make an actual reference to the State Planning Commission, the State Planning Act, the Office of State Planning, and/or the State Development and Redevelopment Plan. There are nine citations that do not specifically cite any of these entities. Three statutes were repealed. The twenty valid citations reference nine statutes and one Executive Order. Each of the statutes were researched for their relevance or ambiguity to the State Planning Act, the State Planning Commission, and the Office of State Planning. The relevant statutes resulting from this research were tabulated for this document and organized by topic. Regulations associated with these statutes were identified by Office of State Planning staff.

Special thanks is given to Ms. Teri Schick, formerly of the Office of State Planning, and to Ms. Rebecca Preece of the New Jersey State Library for their assistance in this project.

Agriculture: Transfer of Development Rights Act

Citation: N.J.S.A. 4:1C-51 Title 4. Agriculture and Domestic Animals Ch.1C- Agricultural Development and Farmland Preservation. L.1993, c. 339.
Effective date: December 27, 1993.

"There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known as the State Transfer of Development Rights Bank...governed by a board of directors consisting of ten voting members, or the designees thereof, as follows: the Secretary of Agriculture...; the Chairman of the State Planning Commission..."

Explanation: This Act establishes the State Transfer of Development Rights Bank within the Department of Agriculture and sets forth the membership of the board of directors, the terms of office for each member, duties of the board, etc. The Chairman of the State Planning Commission is an ex officio member.

Capital Planning: Capital Budgeting and Planning Commission

Citation: N.J.S.A. 52:9S-3 Title 52. State Government, Departments and Officers. Subtitle 3. Executive and Administrative Departments, Officers and Employees. Ch. 9S-Commission on Capital Budgeting and Planning. L.1975, c. 208.
Effective date: September 23, 1975.
Amended by: L.1985, c.398, effective January 2, 1986.

"a. The commission shall each year prepare a State Capital Improvement Plan containing its proposals for State spending for capital projects, which shall be consistent with the goals and provisions of the State Development and Redevelopment Plan adopted by the State Planning Commission."

Explanation: The New Jersey Commission on Capital Budgeting and Planning must prepare a State Capital Improvement Plan that is consistent with the goals and provisions of the adopted SDRP. This Capital Improvement Plan is not binding on State government, but is submitted to the Governor and the Legislature for consideration in the annual State budget process.

Environmental Protection: Coastal Area Facilities Review Act

Citation: N.J.S.A. 13:19-17 Title 13. . Conservation and Development; Parks and Reservations. Ch. 19- Coastal Protection. Coastal Area Facility Review Act. Senate Committee Substitute for Senate Bill 1475 L.1973, c. 185
Effective date: September 18, 1973.
Amended by: L.1993, c. 190, effective July 19, 1993.

"Within one year of the enactment date of P.L. 1993, c.190 (C.13:19-5.1 et al.), the department, in consultation with the State Planning Commission and county and municipal governments located in the coastal area..., shall adopt new rules and regulations to implement P.L. 1993, c. 190... Any rules or regulations adopted pursuant to this subsection shall be closely coordinated with the provisions of the State Development and Redevelopment Plan adopted pursuant to P.L. 1985... and the federal Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq."

Explanation: This 1993 amendment revises the 1973 CAFRA legislation by directing the Department of Environmental Protection to consult with the State Planning Commission in adopting rules and regulations that would implement the new provisions of the law to improve coordination with the State Development and Redevelopment Plan. It also allows the State Planning Commission to adopt the coastal planning policies of DEP as the coastal area portion of the State Development and Redevelopment Plan.

Environmental Protection: Historic Preservation Bond Program

Citation: N.J.A.C. 7:4C - 3.2.(a).6. Criteria for review and ranking of applications for historic preservation grants
Effective Date: November 7, 1994.
Expiration Date: November 7, 1999.

"[To determine priority for funding, all applications for eligible historic preservation projects in a given grant round are to be ranked on the basis of the following competitive criteria:...] 6. The impact of the project based on the following: i. The ability of the project to create jobs or training opportunities; ii. The potential of the project to promote other preservation activity; iii. The relationship of the proposed project to other State, county, municipal, or organizational planning initiatives or programs which will aid community revitalization, or protect and preserve the built or natural environment, or improve or promote heritage education including the policies set forth in the New Jersey State Development and Redevelopment Plan, Statewide Policies No. 10, Historic, Cultural and Scenic Resources; and iv. The proposed use and interpretive program for site;..."

Explanation: The rule reflects the New Jersey Historic Trust's recognition of the need for consistency and support among governmental programs whose activities affect historic preservation within the State. Therefore, it has incorporated the SDRP Statewide Policies on Historic, Cultural and Scenic Resources as part of its review and ranking criteria for projects applying for historic preservation grants issued under the New Jersey Green Acres, Clean Water, Farmland and Historic Preservation Bond Act of 1992 (P.L. 1992, c. 88) by the New Jersey Historic Trust (established in the New Jersey Department of Environmental Protection under N.J.S.A. 13:1B-15.111 et seq.).

Housing: Local Redevelopment and Housing Law

Citation: N.J.S.A. 40A:12A-7 Title 40A. Municipalities and Counties. Ch.12A- Local Redevelopment and Housing Law. L.1992, c. 79
Effective date: August 5, 1992 (retroactive to) January 18, 1992

"...(5) Any significant relationship of the redevelopment plan to (a) the master plans of contiguous municipalities, (b) the master plan of the county in which the municipality is located, and (c) the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c. 398 (C. 52:18A-196 et seq)."

Explanation: The redevelopment plan, prepared and adopted by municipal ordinance, must indicate the relationship of the redevelopment plan to the master plan of surrounding municipalities, the county master plan, and the SDRP.

Housing: Fair Housing Act

Citation: N.J.S.A. 52:27D-304 Title 52. State Government, Departments and Officers. Subtitle 3. Executive and Administrative Departments, Officers and Employees. Ch.27D- Dept. of Community Affairs. Fair Housing Act. L.1985, c. 222
Effective date: July 2, 1985

"...j. "Prospective need" means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality,...In determining prospective need, consideration shall be given to approvals of development applications, real property transfers and economic projections prepared by the State Planning Commission established by P.L. 1985, c. 398."

Explanation: In addition to approved development applications and transfers of real property, economic projections approved by the State Planning Commission will be considered when future needs for affordable housing in a municipality are determined.

Citation: N.J.S.A. 52:27D-307 Title 52. State Government, Departments and Officers. Subtitle 3. Executive and Administrative Departments, Officers and Employees. Ch. 27D- Dept. of Community Affairs. Fair Housing Act. L.1985, c. 222.
Effective date: July 2, 1985
Amended by: L.1993, c. 31, effective January 29, 1993.
Amended by: L.1993, c. 104, effective April 13, 1993.

"...(2) Municipal adjustment of the present and prospective fair share based upon available vacant and developable land, infrastructure considerations or environmental or historic preservation factors and adjustments shall be made whenever: ...(e) the pattern of development is contrary to the planning designations in the State Development and Redevelopment Plan...the council shall give appropriate weight to pertinent research studies, government reports, decisions of other branches of government, implementation of the State Development and Redevelopment Plan prepared pursuant to sections 1 through 12 of P.L. 1985, c. 398 and public comment...the State Planning Commission...shall provide the council annually with economic growth, development and decline projections for each housing region for the next six years."

Explanation: A municipality may request that the Council on Affordable Housing adjust its present and future fair share housing estimates when they contradict the planning designations of the SDRP. COAH must give due consideration to the implementation of the SDRP. The State Planning Commission must provide six-year economic growth, development and decline projections to COAH annually.

Housing: New Jersey Council on Affordable Housing Substantive Rules

Citation: N.J.A.C. 5:93-1.3. Subchapter 1: General Provisions — Definitions
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

Center means a compact form of development with a core or node (focus of residential, commercial and service development) and a community development area that ranges in scale from an urban center to a regional center, town village, and hamlet. This definition is in accord with and derived from the State Development and Redevelopment Plan.

Environ means that area of a municipality outside the development boundaries of a center. This definition is in accord with and derived from the State Development and Redevelopment Plan.

Planning Area means an area defined by a set of common criteria which focus on the degree and type of development or natural resources. Planning areas serve as organizing mechanisms for growth and development throughout the State. This definition is in accord with and derived from the State Development and Redevelopment Plan.

State Development and Redevelopment Plan (SDRP) means the State plan for development promulgated by the State Planning commission pursuant to P.L. 1985, c.398 (N.J.S.A. 52:18A-196 et seq.)

Citation: N.J.A.C. 5:93 -4.2. Subchapter 4: Municipal Adjustments — Lack of Land
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(c) The Council shall review the existing land use map and inventory to determine which sites are most likely to develop for low and moderate income housing. All vacant sites shall initially be presumed to fall into this category. In addition the Council may determine other sites that are devoted to a specific use which involves affordable housing if inclusionary zoning was in place. Such sites include, but are not limited to: golf courses not owned by its members; farms in SDRP planning areas one, two and three; driving ranges; nurseries; and nonconforming uses. The Council may request a letter from the owner of sites that are not vacant indicating the site's availability for inclusionary development."

Citation: N.J.A.C. 5:93-5.4 Subchapter 5: Preparing A Housing Element — New construction; conformance with the State Development and Redevelopment Plan (SDRP)
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(a) In Planning Areas 1 and 2, as designated in the SDRP, the Council shall encourage inclusionary development within centers. However, municipalities may locate inclusionary developments within the environs as defined in the SDRP.

"(b) In Planning Area 3, the Council shall encourage inclusionary development within centers. Where a municipality proposes an inclusionary site within Planning area 3 outside of a center, the Council may permit such a site if infrastructure is available or can be easily extended from Planning Area 2.

"(c) In Planning Areas 4 or 5, as designed in the SDRP, the Council shall require inclusionary development to be located in centers. Where the Council determines that a municipality has not created a realistic opportunity within the development boundaries of a center to accommodate that portion of the municipal inclusionary component that the municipality proposes to address within the municipality, the Council shall require the municipality to identify an expanded center(s) or a new center(s) and submit the expanded or new center(s) to the State Planning Commission for designation.

"(d) In municipalities that are divided by more than one Planning Area, the following principles shall apply:

1. The Council shall encourage and may require the use of sites in Planning Areas 1 and 2 prior to approving inclusionary sites in Planning Areas 3, 4 and 5 that lack sufficient infrastructure;

2. The Council shall encourage and may require the use of sites within Planning Areas 3 prior to approving inclusionary sites in Planning Areas 4 and 5 that would require the expansion of existing infrastructure; and

3. The Council shall encourage and may require the use of sites to which existing infrastructure can easily be extended prior to approving inclusionary sites that require the creation of new infrastructure in areas not presently serviced by infrastructure."

Citation: N.J.A.C. 5:93-5.6 Zoning for inclusionary development
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(b) The Council's review of municipal plans to zone for inclusionary development shall include, but not necessarily be limited to: the existing densities surrounding the proposed inclusionary site; the need for a density bonus in order to produce low and moderate income housing; whether the site is approvable, available, developable and suitable pursuant to N.J.A.C. 5:93-1.3; the site's conformance with the State Development and Redevelopment Plan pursuant to N.J.A.C. 5:93-5.4; the existence of steep slopes, wetlands and floodplain areas on the site; the present ability of a developer to construct low and moderate income housing at a specific density; the length of time an inclusionary site has been zoned at a specific density and set-aside without being developed; and the number of inclusionary sites that have developed within the municipality at specific densities and set-asides."

Citation: N.J.A.C. 5:93-13.1 Subchapter 13 Site Specific Relief and The State Development and Redevelopment Plan (SDRP) — Purpose and scope
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(a) The Fair Housing Act allows municipalities two years following the filing of a housing element to petition for substantive certification. Municipalities that file housing elements with the council prior to an exclusionary lawsuit and petition or are sued within two years of such filing shall not, except in extraordinary situations (see N.J.A.C. 5:91-4.5), be subject to the Council granting site specific relief to an objector of the municipal housing element. Municipalities that do not petition or are not sued within two years of filing a housing may be subject to the Council granting site specific relief to one or more objectors. The process of granting such relief is outlined in N.J.A.C. 5:91.

"(b) The Fair Housing Act at N.J.S.A. 52:27D-307 directs the Council to "give appropriate weight" in carrying out its duties to the implementation of the SDRP. It is the purpose of this subchapter to outline the way in which the goals and policies of the SDRP will be considered by the Council in awarding site specific relief to an objector to a municipal housing element. The process relies upon the SDRP's definitions of "Planning Areas" and "Centers." The principles outlined in the subchapter are illustrated in Appendix G."

Citation: N.J.A.C. 5:93-13.2 Site-specific relief in Planning Areas 1 and 2
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"When considering granting site-specific relief to an objector in Planning Area 1 or 2, the Council shall grant such relief if the Council determines that the objector's site is available, approvable, developable and suitable."

Citation: N.J.A.C. 5:93-13.3 Site specific relief in Planning Area 3
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(a) When considering granting site-specific relief to an objector in Planning Area 3, the council shall determine if the realistic development potential within the development boundaries of centers and Planning 1 and/or 2 is adequate to address the municipal inclusionary component.

1. If the objector's site is located within a center, the Council shall presumptively grant relief if the site is available, approvable, developable and suitable.

2. If the realistic development potential within the development boundaries of centers and Planning Areas 1 and/or 2 is adequate to address the municipal inclusionary component and the objector's site is not located in a center, the Council shall deny relief to the objector.

3. If the realistic development potential within the development boundaries of centers and Planning Areas 1 and/or 2 is not adequate to address the municipal inclusionary component:

   • i. The Council shall grant relief to sites that are suitable if it determines the site lies within a center or Planning Area 1 and/or 2; has access to infrastructure; or that infrastructure can be easily extended from Planning Area 2;

   • ii. Where the objector's site does not lie within a center or Planning Area 1 and/or 2, does not have access to infrastructure or where infrastructure cannot be easily extended from Planning Area 2, the Council shall render a decision on granting relief after consideration of:

     • (1) A report from the Office of State Planning that contains recommendations pertaining to the appropriateness of the area surrounding the objector's site for center designation; and

     • (2) The presence of other suitable sites serviced by infrastructure or to which infrastructure can easily be extended from Planning Area 2."

Citation: N.J.A.C. 5:93-13.4 Site-specific relief in Planning Areas 4 and 5
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

"(a) When considering granting site-specific relief to an objector in Planning Areas 4 and 5, the Council shall determine if the realistic development potential within the development boundaries of centers and Planning Areas 1 and/or 2 is adequate to address the municipal inclusionary component.

1. If the objector's site is located within a center, the Council shall preemptively grant relief if the site is available, approvalable, developable and suitable.

2. If the realistic development potential within the development boundaries of centers and Planning Areas 1 and/or 2 is adequate to address the municipal inclusionary components, and the objector's site is not located in a center, the Council shall deny relief to the objector.

3. If the realistic development potential within the development boundaries of centers and Planning Areas 1 and/or 2 is not adequate to address the municipal inclusionary component, the Council shall render a decision on granting relief after consideration of a report from the Office of State Planning the contains recommendations pertaining to the appropriateness of the area surrounding the objector's site for center designation."

Citation: N.J.A.C. 5:93 Appendix A Methodology Distribution of Low- and Moderate-income Housing Needs
Effective Date: June 6, 1994.
Expiration Date: June 6, 1999.

3. Undeveloped Land--Undeveloped land in the community that can accommodate development. All undeveloped land in the community is estimated through use of land satellite imagery (LANDSAT). The undeveloped land inventory is compiled via LANDSAT information prepared by the Council on Affordable Housing by the Department of Environmental Resources of Cook College at Rutgers University. It reflects photoimagery as of March 1991. Undeveloped land is further refined by the State Development and Redevelopment Plan's Planning Areas. To be sensitive to the State Planning Commission's goals for each Planning Area, undeveloped land is weighted as follows:

PLANNING AREAS WEIGHTING RESULT

• Planning Area 1: (1) Full count of undeveloped acres

• Planning Area 2: (1) Full count of undeveloped acres

• Planning Area 3: (0.5) Half count of undeveloped acres

• Planning Area 4: (0.0) Zero count of undeveloped acres

• Planning Area 5: (0.0) Zero count of undeveloped acres

• Undeveloped land in the Pinelands growth areas (Regional Growth Areas and Pinelands Towns) are treated equivalently to Planning Area 3; all other Pinelands areas are treated equivalent to Planning Areas 4 or Planning Area

5. CAFRA has regular State Plan territorial designations and is treated accordingly. Hackensack Meadowlands undeveloped acreage is treated equivalent to Planning Areas 1 and 2 within growth areas, equivalent to Planning Areas 4 and 5 in protected or open space areas."

Explanation: The above rules adopted by the Council on Affordable Housing reflect the content of the memorandum of understanding adopted by the Council and the State Planning Commission in the fall of 1992. The provisions of the rule in essence cover the use of planning areas to define areas of growth in the State, and the use of SDRP to define developable sites within planning areas.

Municipal Planning and Zoning: Municipal Land Use Law

Citation: N.J.S.A. 40:55D-12.g. Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article I. General Provisions: Site Plan Review
Effective date: August 1, 1976.
Amended by: L.1991, c. 245, effective August 7, 1991.

"Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to (N.J.S.A. 40:55D-10.b.)."

Explanation: All applicants for development of property that exceeds 150 acres or 500 dwelling units are to serve notice of a public hearing to the State Planning Commission.

Citation: N.J.S.A. 40:55D-28.d. Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article 3. Master Plan: Preparation; Content; Modification
Effective date: August 1, 1976
Amended by: L.1991, c. 199, effective July 9, 1991.

"The master plan shall include a specific policy statement indicating the relationship of the proposed development of the municipality, as developed in the master plan to (1) the master plan of contiguous municipalities, (2) the master plan of the county in which the municipality is located, (3) the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," sections 1 through 12 of P.L. 1985, c.398 (C.52:18A-196 et seq.), and (4) the district solid waste management plan required pursuant to the provisions of the Solid Waste Management Act, P.L. 1970, c. 39 (C. 13:1E-1 et seq.) of the County in which the municipality is located."

Explanation: Municipal master plans must include a policy statement that describes the relationship of the provisions of the master plan to the SDRP as well as to the master plans of surrounding municipalities, the county master plan, and the applicable solid waste management plan.

Citation: N.J.S.A. 40:55D-116.b. Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article 15. Transfer of Development Rights. "Burlington County Transfer of Development Rights Demonstration Act." L.1989, c. 86.
Effective date: June 5, 1989.

"The Office of State Planning, established pursuant to section 6 of P.L. 1985 c. 398 (C. 52:18A-201), shall provide such technical assistance as may be requested by municipalities or the county planning board, and as may be reasonably within the capacity of the Office to provide, for the purpose of providing for development transfers pursuant to the provisions of this act. The Office shall also carry out its responsibilities as provided in sections 9 and 11 of this act."

Explanation: OSP is to provide a reasonable amount of technical assistance in preparing transfer of development rights ordinances to municipalities at their request.

Citation: N.J.S.A. 40:55D-121 Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article 15. Transfer of Development Rights. "Burlington County Transfer of Development Rights Demonstration Act." Recommendation to approve... L.1989, c. 86
Effective date: June 5, 1989.

"c. If the county planning board does not recommend enactment [of a municipal development transfer ordinance], the reasons therefore shall be clearly stated in their formal comment. If the objections of the county planning board cannot be resolved to the satisfaction of both the municipality and the county planning board within an additional 30 days, the municipality shall petition the Office of State Planning to render a final determination. In the event that a development transfer ordinance involves agricultural land, the municipality shall petition the Office of State Planning for a final determination.

"d. The Office of State Planning shall review the record of comment of the county planning board, and the development transfer ordinance and supporting documentation, and within 60 days approve, approve with conditions or disapprove the development transfer ordinance stating in writing the reasons therefore. Failure of the Office of State Planning to approve, approve with conditions, or disapprove the development transfer ordinance within the 60-day period constitutes approval of the ordinance. The basis for review by the Office of State Planning shall be: (1) compliance of the development transfer ordinance with the provisions of this act; (2) accuracy of the information developed in this report and plans prepared pursuant to subsections a., b., and c. of Section 5 of this act; and (3) an assessment of the potential of successful implementation of the development transfer ordinance."

Explanation: If the county planning board disapproves enactment of a municipal development potential transfer ordinance, the municipality may petition the Office of State Planning to render a final determination. If OSP fails to approve, disapprove or conditionally approve a development transfer ordinance within 60 days in accordance with specified criteria, the ordinance is automatically approved.

Citation: N.J.S.A. 40:55D-123.b. Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article 15. Transfer of Development Rights. "Burlington County Transfer of Development Rights Demonstration Act." L.1989, c. 86.
Effective date: June 5, 1989.

"The development transfer ordinance shall be reviewed by the planning board and the governing body of the municipality at the end of six years subsequent to enactment...If at least 30 percent of the development potential available on the market at market value has not been transferred at the end of this six-year period, the muncipal governing body shall repeal the development transfer ordinance unless one of the following is met: (1) the municipality immediately takes action to acquire or provide for the private purchase of the difference between the development potential already transferred and the total development transfer potential created in the sending zone under the development transfer ordinance; (2) a majority of the property owners in a sending zone who own land from which the development potential has not yet been transferred agree that the development transfer ordinance should remain in effect; or (3) the municipality can demonstrate either future success or can demonstrate that low levels of development transfer activity is due not to ordinance failure but to low levels of development demand in general. This demonstration shall require the concurrence of the county planning board and the Office of State Planning, and shall be the subject of a municipal public hearing conducted prior to a final determination regarding the future viability of the development transfer program."

Explanation: The development transfer ordinance must be reviewed at the end of the third and sixth year of enactment. If the sixth year review finds that the requirements for development transfer have not been met, the municipal governing body must repeal the ordinance unless the municipality can demonstrate, with OSP agreement, that the low levels of development demand led to the low level of development transfer activity.

Citation: N.J.S.A. 40:55D-129 Title 40. Municipalities and Counties. Ch.55D-Planning, Zoning, Etc. Municipal Land Use Law. Article 15. Transfer of Development Rights. "Burlington County Transfer of Development Rights Demonstration Act." L.1989, c. 86
Effective date: June 5, 1989

"a. The governing body of a municipality which adopts a development transfer ordinance shall annually prepare and submit a report on the operation of the development transfer ordinance to the county planning board.

b. The county planning board shall submit copies of these reports with an analysis of the effectiveness of the ordinances in achieving the purposes of this act to the State Planning Commission on July 1 of the third year next following enactment of this act.

c. The State Planning Commission shall submit, to the Governor, the President of the Senate, and to the Speaker of the General Assembly 90 days subsequent to the receiving the report from the Burlington County planning board, copies of its analysis along with its recommendations as to the advisability of enacting transfer of development rights enabling legislation on a Statewide basis."

Explanation: The governing body of a municipality must submit an annual report on the progress of the development transfer ordinance to the county planning board. (The first ordinance under this act was adopted in 1995.) On the third year following enactment of the Burlington County Transfer of Development Rights Act, copies of these reports must be submitted to the State Planning Commission, which in turn must submit a report to the Governor, and the Legislature analyzing the Burlington County program and making recommendations as to whether or not such a program would be feasible in other areas of the State.

Smart Growth: Ombudsman Legislation

Citation: N.J.S.A. 52:27D-10.2 Title 52. State Government, Departments and Officers. Subtitle 3. Executive and Administrative Departments, Officers and Employees. Ch. 27D-Department of Community Affairs. L. 2004, c. 89.
Effective date: July 9, 2004.

"a. There is created in the Department of Community Affairs a Smart Growth Ombudsman. The Smart Growth Ombudsman shall be appointed by the Governor, serve at the pleasure of the Governor, and report to the Governor."

Explanation: An Act concerning implementation of the State Development and Redevelopment Plan, establishing a Smart Growth Ombudsman in the Department of Community Affairs, establishing a Division of Smart Growth in the Department of Environmental Protection, a Division of Smart Growth in the Department of Transportation, and a Division of Smart Growth in the Department of Community Affairs, providing for the expediting of certain State permits in smart growth areas, supplementing P.L.1978, c.67 (C.52:14F-1 et seq.), and supplementing Titles 13, 27, and 52 of the Revised Statutes.

Transportation: Department of Transportation Act

Citation: N.J.S.A. 27:1A-5.10 Title 27. Highways. Subtitle 1A. Dept. of Transportation. Ch. 1A- Constitution and General Powers. L.1991, c. 481.
Effective date: January 18, 1992.

"The Department of Transportation shall consult with the Department of Labor, the Office of State Planning, the New Jersey Commission on Capital Budgeting and Planning and any other federal, State, regional or local agency having an interest in the preparation of the urban transportation supplement to the State Transportation Plan."

Explanation: In preparing its supplement to the State Transportation Plan, the Department of Transportation must consult with OSP for recommendations for meeting the transportation needs of various urban areas statewide.

Transportation: Transportation Development District Act

Citation: N.J.S.A. 27:1C-4 Title 27. Highways. Subtitle 1A. Dept. of Transportation. Ch. 1C- L.1989, c. 100.
Effective date: June 26, 1989.

"The governing body of any county may, by ordinance or resolution, as appropriate, apply to the commissioner for the designation of a transportation development district within the boundaries of the county. The application shall include...(4) certification that there is in effect for the county a current county master plan adopted under R.S.40:27-2 and that creation of the district would be in conformity with the county master plan and with the State Development and Redevelopment Plan adopted under the "State Planning Act," P.L. 1985, c. 398 (C.52:18A-196 et. al),..."

Explanation: This statute outlines the application process for counties seeking to establish transportation development districts. The municipality or county must submit certification that there is a current county master plan and that the creation of the district conforms with the county master plan and with the policies set forth in the State Development and Redevelopment Plan.

Citation: N.J.S.A. 27:1C-5 Title 27. Highways. Subtitle 1A. Dept. of Transportation. Ch. 1C- Transportation Development District Act. L.1989, c. 100
Effective date: June 26, 1989.

"The draft district transportation improvement plan shall be in accordance with the State transportation master plan adopted under section 5 of P.L. 1966, c.301 (C.27:1A-5), the county master plan adopted under R.S. 40:27-2, and shall be in conformity with the State Development and Redevelopment Plan adopted under the "State Planning Act," P.L. 1985, c. 398 (C.52:18A-196 et. al),..."

Explanation: The proposed district transportation improvement plan must conform with the State Transportation Master Plan, the county master plan, and with the SDRP.

Transportation: Highway Access Management Act

Citation: N.J.S.A. 27:7-91 Title 27. Highways. Ch. 7 - State Highway Access Management Act. L.1989, c. 32

Effective date: February 23, 1989.

"The access code shall establish a general classification system for the State highway system. The classification system shall be based upon the following criteria: (1) the function that segments of the State highway serve and are planned to serve within the State highway system and within the general system of streets and highways, (2) the environment within which highways are located, including but not limited to urban and rural environments, (3) the appropriate and desirable balance between facilitating safe and convenient movement of through traffic and providing direct access to abutting property, and (4) the desirable rate of speed and the degree to which through traffic should be protected from major variations in speed. Each State highway segment shall have its classification identified in the access code."

Citation: N.J.A.C. 16:47-1.1 Definitions
Effective Date: February 21, 1995
Expiration Date: April 20, 1997

Designated center means a specific area where a compact form of development (exists or is planned) with a core or node (focus of residential, commercial and service development) which is listed in Appendix C of the State Development and Redevelopment Plan adopted June 12, 1992 or superseding issue, or other designated center officially recognized by the State Planning Commission. Other designated centers, recognized after the June 12, 1992 adoption of the State Development and Redevelopment Plan or superseding issue are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan available at the Office of State Planning.

High speed rural means the access classification for roadways in planning areas other than Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or rural areas within the Pinelands or within the Hackensack Meadowlands District as identified by the Access Code Appendix B where the posted limit is 50 miles per hour (mph), or greater.

High speed urban means the access classification for roadways in urban Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or urban areas within the Pinelands or within the Hackensack Meadowlands District as identified by the Access Code Appendix B where the posted limit is 45 miles per hour (mph), or greater.

Low speed rural means the access classification for roadways in rural planning areas other than Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or rural areas within the Pinelands or within the Hackensack Meadowlands District as identified by the Access Code Appendix B with the posted limit is 45 miles per hour (mph), or less.

Low speed urban means the access classification for roadways in urban Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or urban areas within the Pinelands or within the Hackensack Meadowlands District as identified by the Access Code Appendix B where the posted limit is 40 miles per hour (mph), or greater.

Rural area means any area of the State which is not within Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or rural areas within the Pinelands or within the Hackensack Meadowlands District as identified by the Access Code Appendix B.

Urban area means any area of the State which is included in Planning Area 1, Planning Area 2 or a designated center whose boundaries are shown on the approved Resource Planning and Management Maps of the State Development and Redevelopment Plan adopted by the State Planning Commission or an areas within the Pinelands or within the Hackensack Meadowlands District as identified as urban by the Access Code Appendix B.

Citation: N.J.A.C. 16:47 Appendix B State Highway Access Levels by Route and Milepost

Appendix B is a list of State Highways by route and milepost identifying the maximum acceptable expansion for the widths of lanes, shoulders, parking, sidewalk areas and right-of-way.

Explanation: The rules reflect implementation of the State Development and Redevelopment Plan by the Department of Transportation as established in the memorandum of understanding by and between the Department, NJ Transit and the State Planning Commission. The rules advance use of the Resource Planning and Management Map by having planning areas and designated centers define where different access standards are to be applied.