A670

An Act authorizing municipalities to base development approval on sufficiency of local transportation infrastructure, amending 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. Section 19 of P.L.1975, c.291 (C.40:55D-28) is amended to read as follows:

19. Preparation; contents; modification.

a. The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare.

b. The master plan shall generally comprise a report or statement and land use and development proposals, with maps, diagrams and text, presenting, at least the following elements (1) and (2) and, where appropriate, the following elements (3) through (14):

(1) A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based;

(2) A land use plan element (a) taking into account and stating its relationship to the statement provided for in paragraph (1) hereof, and other master plan elements provided for in paragraphs (3) through (14) hereof and natural conditions, including, but not necessarily limited to, topography, soil conditions, water supply, drainage, flood plain areas, marshes, and woodlands; (b) showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combination of purposes; and stating the relationship thereof to the existing and any proposed zone plan and zoning ordinance; and (c) showing the existing and proposed location of any airports and the boundaries of any airport safety zones delineated pursuant to the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.); and (d) including a statement of the standards of population density and development intensity recommended for the municipality;

(3) A housing plan element pursuant to section 10 of P.L.1985, c.222 (C.52:27D-310), including, but not limited to, residential standards and proposals for the construction and improvement of housing;

(4) A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about, and through the municipality, taking into account the functional highway classification system of the Federal Highway Administration and the types, locations, conditions and availability of existing and proposed transportation facilities, including air, water, road and rail; the circulation plan element may also include a subelement, as set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(5) A utility service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities, and including any storm water management plan required pursuant to the provisions of P.L.1981, c.32 (C.40:55D-93 et seq.). If a municipality prepares a utility service plan element as a condition for adopting a development transfer ordinance pursuant to subsection c. of section 4 of P.L.2004, c.2 (C.40:55D-140), the plan element shall address the provision of utilities in the receiving zone as provided thereunder;

(6) A community facilities plan element showing the existing and proposed location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;

(7) A recreation plan element showing a comprehensive system of areas and public sites for recreation;

(8) A conservation plan element providing for the preservation, conservation, and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species wildlife and other resources, and which systemically analyzes the impact of each other component and element of the master plan on the present and future preservation, conservation and utilization of those resources;

(9) An economic plan element considering all aspects of economic development and sustained economic vitality, including (a) a comparison of the types of employment expected to be provided by the economic development to be promoted with the characteristics of the labor pool resident in the municipality and nearby areas and (b) an analysis of the stability and diversity of the economic development to be promoted;

(10) A historic preservation plan element: (a) indicating the location and significance of historic sites and historic districts; (b) identifying the standards used to assess worthiness for historic site or district identification; and (c) analyzing the impact of each component and element of the master plan on the preservation of historic sites and districts;

(11) Appendices or separate reports containing the technical foundation for the master plan and its constituent elements;

(12) A recycling plan element which incorporates the State Recycling Plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling ordinance, and for the collection, disposition and recycling of recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multi-family residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land;

(13) A farmland preservation plan element, which shall include: an inventory of farm properties and a map illustrating significant areas of agricultural land; a statement showing that municipal ordinances support and promote agriculture as a business; and a plan for preserving as much farmland as possible in the short term by leveraging monies made available by P.L.1999, c.152 (C.13:8C-1 et al.) through a variety of mechanisms including, but not limited to, utilizing option agreements, installment purchases, and encouraging donations of permanent development easements; and

(14) A development transfer plan element which sets forth the public purposes, the locations of sending and receiving zones and the technical details of a development transfer program based on the provisions of section 5 of P.L.2004, c.2 (C.40:55D-141).

c. The master plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.

d. 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 plans 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.

In the case of a municipality situated within the Highlands Region, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), 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 the Highlands regional master plan adopted pursuant to section 8 of P.L.2004, c.120 (C.13:20-8).

(cf: P.L.2004, c.120, s.60)

2. (New section) A planning board that has adopted a circulation plan element of its master plan may adopt a circulation plan subelement setting forth levels of service standards for all locally owned arterials and transportation routes to serve as a gauge to judge performance of the system. To the extent possible, these standards shall take account of State and county roads and the regional transportation system. The subelement shall include forecasts of traffic for at least six years based on the growth and development anticipated in the master plan in order to provide necessary information on the location, timing, and capacity needs of future growth. In addition, the subelement shall identify state and local system needs in order to meet current and future demands. Any needs identified which relate to state or county owned transportation facilities shall be consistent with state and county planning projections.

3. (New section) a. Any municipality in which its planning board has adopted a circulation plan subelement pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) may adopt an ordinance allowing for the denial or deferral of applications for development in certain areas of the municipality based on the insufficiency of transportation infrastructure in accordance with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill);

b. In the event that the ordinance justifies the denial or deferral of applications for development based on the circulation plan subelement, the ordinance shall set forth clear standards governing the approval process, including the possibility of de minimus exceptions and whether or not contributions provided pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42) can mitigate some of the impact, allowing for certain development applications to be considered for approval. If the ordinance allows the possibility for developments to be approved based on their minor anticipated impact on the transportation system, the ordinance shall include clear guidelines to govern the approval process.

4. (New section) a. In the event that the municipality chooses to time development based on transportation impacts identified in the circulation plan subelement, the ordinance section shall include detailed guidelines regarding: (1) the geographic location and legal boundaries of areas in which development will be deferred; (2) the quantity of development which will be timed or paced in each district, and the schedule for that timing; (3) a delineation of service areas for each transportation improvement whose upgrading or expansion is necessary to support the development in each district; (4) the ability for a developer to accelerate development rights for a project within a district by the payment of the costs associated with the proposed development based on its estimated effect on the transportation system; and (5) a schedule which clearly sets forth the amount to be charged for the transportation improvement in the event development rights are accelerated.

b. No ordinance shall be adopted which defers development in a district in which is proposed, in writing and at the time of the ordinance adoption, any residential development which includes housing affordable to low or moderate income households, as defined under P.L.1985, c.222 (C.52:27D-301 et al.) and which would be eligible for credit pursuant to that act or for implementing any court ordered judgment of repose.

c. No development restrictions shall be imposed on an individual wishing to build a one or two dwelling- unit building pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

d. No ordinance adopted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be applied retroactively to deny approval to any application for development which had received preliminary approval prior to the adoption of such an ordinance.

e. Any payment received by a municipality for acceleration of development rights shall be transmitted by the municipality to the appropriate entity or entities in proportion to the transportation improvement costs calculated pursuant to this section.

5. Section 77 of P.L.1975, c.291 (C.40:55D-90) is amended to read as follows:

77. Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.

b. No moratoria on applications for development or interim zoning ordinances shall be permitted except:

(1) in cases [where] in which the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and [in no case shall] the moratorium or interim ordinance does not exceed a six-month term;

(2) in cases in which development is denied or deferred pursuant to an ordinance adopted under subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1985, c.516, s.20)

6. This act shall take effect immediately.

STATEMENT

This bill provides an additional planning tool for municipalities which seek to assure that the local transportation system can accommodate the anticipated transportation impacts of new development.

Specifically, the bill authorizes municipalities to adopt circulation plan subelements of the existing circulation plan element of the municipal master plan. Under the "Municipal Land Use Law," a municipality which wishes to zone is required to adopt a master plan which includes a series of plan elements. Currently, the circulation plan element is discretionary so that municipalities may include one in their master plan but are not required to.

This bill would introduce a circulation plan subelement which would represent a more detailed assessment of the municipality's transportation system and the impact of the proposed growth scenario included in the municipal master plan on that transportation system.

Based on that circulation plan subelement, a municipality which determines that its transportation system would be inadequate to accommodate additional development would be authorized, under this bill, to either deny further development applications or defer consideration of those applications according to the standards set forth thereunder.

The bill amends that section of current law which prohibits development moratoria to exempt from that limitation any ordinance denying or deferring future development applications.