Regframework

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The Regulatory Framework for Smart Growth
The State Planning Act
Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995
Impact Fees
New Jersey Fair Housing Act
New Jersey County Planning Act
New Jersey Municipal Land Use Law


The State Planning Act
State Planning Act (1985) (NJSA 52:18A-196 et seq.) In 1985, the New Jersey State Legislature adopted the State Planning Act. The Act created a 17 member State Planning Commission and an Office of State Planning to address statewide planning issues. It mandated that the Commission:
  • prepare and adopt within 18 months after the enactment of the Act, and revise and re-adopt at least every three years thereafter, a State Development and Redevelopment Plan which would provide a coordinated, integrated and comprehensive plan for the growth, development, renewal and conservation of the State and its regions;
  • prepare and adopt as part of the State Plan a long-term infrastructure needs assessment, which would provide information on present and prospective conditions, needs and costs with regard to State, county and municipal capital facilities;
  • develop and promote procedures to facilitate cooperation and coordination among State agencies and local governments.
Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995
Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995, (P.L.1995, c.204), and nine previous similar bond acts enacted in 1961 ("New Jersey Green Acres Bond Act of 1961" P.L.1961, c. 46), 1971 (P.L.1971, c. 165), 1974 (P.L.1974, c. 108), 1978 (P.L.1978, c. 118), 1981, 1983, 1987, 1989, and 1992, and various implementing laws. The Green Acres Program was created in 1961 to meet New Jersey's recreation and conservation needs. Green Acres focuses primarily on acquiring land that creates linkages between existing protected lands to form open space corridors. So far, more than 390,000 acres of conservation and recreation land have been or are being preserved. On November 3, 1998, New Jersey voters approved a referendum which creates a stable source of funding for open space, farmland, and historic preservation and recreation development.

Impact Fees
N.J. Stat. Ann., 40:55D-42. Authorizes a municipality to adopt an ordinance requiring a developer to pay the pro-rata share of the costs of providing reasonable and necessary street improvements and water, sewer and drainage facilities, that are located outside the development boundaries but necessitated by construction within the development boundaries. The impact fee may be assessed as a condition for approval of a subdivision or cite plan.

New Jersey Fair Housing Act
Read the law at: http://www.usdoj.gov/crt/housing/title8.htm The Fair Housing Act prohibits discrimination in housing because of:
  • race or color
  • national origin
  • religion
  • sex
  • familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
  • handicap (disability)
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations or private clubs that limit occupancy to members.

New Jersey County Planning Act
Read the law at http://www.state.nj.us/osp/doc/law/cpea.pdf

New Jersey Municipal Land Use Law
Read the law at http://www.state.nj.us/osp/doc/law/mlul.pdf