The State Planning Commission (SPC) adopted a State Plan on March 1, 2001. It is the plan that is currently in effect. The SPC has also prepared a revision of the State Plan, called a preliminary plan and dated April 28, 2004, which is in a cross acceptance process with county and local governments and state agencies before it can be adopted. The cross acceptance process and a summary of the State Plan are described below.

Both the 2001 State Plan and the 2004 preliminary plan, along with the State Plan map, can be found on the Office of Smart Growth website. A link is listed under "Additional Resources" on this page.

• County Planning Boards
• State Planning Commission Preparing for Cross Acceptance III
• State Plan Summary

The Residential Site Improvement Standards (RSIS) establish municipal standards for streets, sidewalks, stormwater, and water and sewer systems. These standards are the minimum that can be proposed by the developer and the maximum that can be required by the municipality. They are reviewed by the Site Improvement Advisory Board and updated annually. The RSIS can be found on the DCA Division of Codes and Standards website. A link is listed under “Additional Resources” on this page.

The Highlands Water Protection and Planning Act was signed into law on August 10, 2004. The law is summarized in the September 10, 2004 special edition of Dimensions.

Any development in the preservation area of the Highlands requires a DEP Highlands approval or an exemption. The DEP issued interim rules in May 2005 for the preservation area. Under a very unusual administrative process, these interim rules are in effect until final rules are formally adopted in May 2006. A link to the DEP website for the Highlands is listed under “Additional Resources” on this page.

The Highlands Council, which began meeting in December 2004, is responsible for preparing a Regional Master Plan (RMP) for the Highlands region. The plan for the preservation area must be based on adopted DEP regulations. Municipalities and counties in the preservation area would be required to conform to the RMP while conformance would be voluntary for those in the planning area. Despite a statutory deadline, the Highlands Council approved a six-month delay in the adoption of the RMP. The revised schedule indicates that some master plan elements and data would be available for public review in June, followed by the release of a draft RMP and public hearings in the fall. Information about the Highlands Council can be found on its website listed under “Additional Resources” on this page.

Redevelopment in New Jersey is governed by the “Local Redevelopment and Housing Law” (N.J.S.A. 40A:12A). This law gives municipalities the authority to designate redevelopment areas and name a redeveloper for the area. There is no state agency with oversight responsibility for the local redevelopment process although the DCA commissioner does have to sign off on the designation if the redevelopment area is not in a smart growth area.

The New Jersey Brownfields Task Force has created a site mart of some sites available for redevelopment. The New Jersey Department of Transportation encourages the development of Transit Villages. Links to these websites are listed under “Additional Resources” on this page.

Public Notice Requirement for the Remediation of Contaminated Sites
The Brownfield Act was amended in 2006 to require public notice for remediation of contaminated sites.  DEP has proposed rules for the required public notice.  The comment period closes October 5, 2007.  The proposal goes well beyond the requirements of the Act.  For example, the person responsible for the remediation would have to identify non-English speaking people who utilize the surrounding area and provide the notice in the non-English languages.  There is no official way to make such determinations. Mistakes have costly penalties.

Read comment letter of September 19, 2007

Link to DEP’s rule proposal webpage:

DEP's Proposed Surface Water Quality Standards
NJBA comments on how the proposed Surface Water Quality Standards criteria will affect redevelopment in New Jersey.

DEP Issues Remediation of Contaminated Sites Proposal

Amendments have been proposed that reequire notification and outreach for the remediation of contaminated sites and impose penalties. The comment period closes on October 5, 2007.

Link to DEP’s rule proposal webpage:

The “State Transfer of Development Rights Act” was enacted on March 29, 2004. It authorizes municipalities in New Jersey to create a transfer of development rights program by ordinance. Under TDR, development rights are transferred from a sending area to a receiving area. These sending and receiving areas need not be in the same municipality or even same county, if the municipalities develop a joint program. The act is summarized in the May 19, 2004 special issue of Dimensions.

The Department of Community Affairs has awarded TDR demonstration grants to municipalities throughout the state. All of the details and specifics of the municipal TDR programs (e.g., sending and receiving areas, densities, costs) have to be worked out in the individual programs. More information about TDR and the demonstration grants are listed on the OSG website. The link is listed under “Additional Resources” on this page.