State Development And Redevelopment Plan

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State Planning Act

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The New Jersey State Planning Act (NJSA 52:18A-196 et seq.) was adopted by the State Legislature in 1985 in response to Mount Laurel II (Fair Housing Act, NJSA 52:27D-301 also passed in 1985)

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The State Planning Act does not apply (NJSA 52:18A-206) to?

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lands within the federally designated Pinelands (see Pinelands Protection Act, NJSA 13:18A-23 et seq.) or the New Jersey Meadowlands (Hackensack Meadowlands Reclamation and Development Act

Hint 2

CAFRA (Coastal Area Facilities Review Act, NJSA 13:19-1 et seq.) and Highlands Preservation Area (Highlands Water Protection and Planning Act, NJSA 13:20 et seq.) include sympathetic provisions, but State Planning Act does not apply directly.

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State Planning Act: Fundamental principles:

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1) Reasonable balance between public- and private-sector investment in infrastructure, which is key to the fiscal health, economic prosperity, and environment of the state;
2) Coordinated planning between the state and local governments, which can ensure that economies, efficiencies and savings are achieved regarding public- and private-sector investment in the state;
3) Revitalization of the state’s urban centers, necessary if all New Jersey citizens are to benefit from growth and economic prosperity;
4) Provision of adequate and affordable housing in reasonable proximity to places of employment, which ensures equal social and economic opportunity in the state; and
5) Conservation of resources and the protection of environmental qualities, which are vital to quality of life and economic prosperity.

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The State Planning Act also created?

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the State Planning Commission and an Office of State Planning (NJSA 52:18A-196 et seq.). OSP is now known as the Office of Smart Growth

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The State Planning Commission is comprised of?

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The 17-member commission comprised of seven state agency representatives: Agriculture, Community Affairs, Treasury, Governor’s Office of Policy and Planning, Commerce and Economic Growth Commission, Environmental Protection, and Transportation; two municipal and two county representatives; one Professional Planner; and five citizen appointees.

Hint 5

Commission members serve six year terms.

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7 functions of the State Planning Commission?

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1) Preparing, adopting, maintaining, and updating the State Development and Redevelopment Plan;
2) Preparing and adopting a long-term infrastructure-needs assessment (INA), a statewide program that is unique to New Jersey;
3) Developing and promoting procedures to facilitate planning and policy cooperation and coordination between state agencies and local governments with regard to the planning and development of land use, environmental, capital facility and economic development issues;
4) Providing technical assistance to local governments;
5) Reviewing state- and local-government planning procedures and relationships and make recommendations to enhance their efficiency and effectiveness; and
6) Reviewing and commenting on capital improvement programs and any legislation that appropriates funds for capital projects in light of their relationship to the State Development and Redevelopment Plan.
7) Adopting the State Planning Rules (NJAC 17:32 et seq.), which establish procedures for preparation of the SDRP, cross-acceptance, and SDRP implementation tools such as the Plan Endorsement process.

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State Development & Redevelopment Plan

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Is mandated by the State Planning Act of 1985 (NJSA 52:18A-196 et seq.) and establishes state-level planning policy.

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The first SDRP was adopted by the State Planning Commission (SPC) in?

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June 1992

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Statute requires that the SDRP be updated?

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On a three-year cycle (Plan readopted in 2001)

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The SDRP is amended and adopted through?

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A three-phase “cross-acceptance” process that includes a comparison phase, a negotiation phase, and a final phase.

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State Development & Redevelopment Plan is implemented...

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through the activities of various state departments and, at the municipal level, implemented and amended through “Plan Endorsement.”

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Think of the plan as two intersecting matrices: one an outgrowth of a future vision presented in narrative (policy) form, the other stemming from an on-the-ground (e.g., mapped) view of the state.
Statewide Goals deal with individual topical areas; General Policies frame the strategic and tactical aspects of planning decisions. These are the “future vision.”

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SDRP Planning Areas provide

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1) A regional framework for infrastructure development decisions; and Centers, areas to which growth should be focused, provide the geographic perspective
2) Geographical framework for application of topical policies

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PA1 – Metropolitan Planning Area

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- Densities of more than 1000 persons/sq mile
- Population cluster of greater than 25,000 persons
- Land area greater than 1 square mile
- Existing public water and sewer systems
- Access to public transit

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PA2 – Suburban Planning Area

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- Densities of less than 1000 persons/sq mile
- Contiguous with PA1
- Land area greater than 1 square mile
- Existing or planned infrastructure with capacity to support development

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PA3 – Fringe Planning Area

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- Densities of less than 1000 persons/sq mile
- Served by rural roadways and utilities; generally lacking wastewater systems except in centers
- Land area greater than 1 square mile
- Lands not meeting criteria for PA4 or PA5

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PA4 – Rural Planning Area

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- Densities of less than 1000 persons/sq mile
- Land area greater than 1 square mile
- Generally served by on-site water and wastewater systems
- Generally characterized by agricultural production, woodlands or other vacant lands

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PA4B – Rural /Environmentally Sensitive Planning Area

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- Densities of less than 1000 persons/sq mile
- Land area greater than 1 square mile
- Generally served by on-site water and wastewater systems
- Generally characterized by agricultural production, woodlands or other vacant lands
- Land satisfying the delineation criteria for Rural Planning Area (PA4) that also meets the delineation criteria for the Environmentally Sensitive Planning Area (PA5) is designated as Rural/Environmentally Sensitive (PA4B)

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PA5 – Environmentally Sensitive Planning Area

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- Densities of less than 1000 persons/sq mile outside of centers
- Land area greater than 1 square mile, exclusive of centers
Includes environmental features such as:
--> Trout production/maintenance waters
--> Pristine non-tidal watersheds feeding Cat 1 waters
--> Threatened & Endangered species habitat
--> Coastal wetlands
--> Significant features such as slopes, ridgelines, unique ecosystems
--> Prime forest

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PA5b – Environmentally Sensitive/Barrier Islands Planning Area

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- Densities of less than 1000 persons/sq mile outside of centers
- Land area greater than 1 square mile, exclusive of centers (shapes obviously different due to barrier island morphology)
- Includes environmental features such as:
--> Barrier island habitat
--> Threatened & Endangered species habitat
--> Coastal wetlands
--> Natural Dune Ecosystems, vegetation and fauna
- Intended to protect barrier island ecosystems while directing development into centers.

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SDRP Centers

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“Centers are the State Plan’s preferred vehicle for accommodating growth” (SDRP, p 230)

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- Over 100 Centers designated via 3 ½ processes;
- Eight Urban Centers designated in original State Plan (the ½ process)
--> Center Designation
--> Initial Plan Endorsement
--> New Plan Endorsement

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Eight statewide goals based on the mandates set forth in the enabling legislation

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1) Revitalize the state’s cities and towns
2) Conserve the state’s natural resources and systems
3) Promote beneficial economic growth, development and renewal for all residents of New Jersey
4) Protect the environment, prevent and clean up pollution
5) Provide adequate public facilities and services at a reasonable cost
6) Provide adequate housing at a reasonable cost
7) Preserve and enhance areas with historic, cultural, scenic, open space and recreational value
8) Ensure sound and integrated planning statewide

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Cross-Acceptance

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A novel consensus process in which OSG uses the 21 counties as the negotiating entities for 566 municipalities. Laid out in State Planning Act, Administrative Code and Tradition.

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Three phases of cross-acceptance?

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Comparison, Negotiation, and a Final phase