New Jersey County Planning Act N.J.S.A. 40:27-1 et seq. APA-NJ Professional Planners Review Course Saturday, April 2, 2011
County Planning Act Laws of 1935, Chapter 251 with major revision in 1968 and amended in April 2010 ABoardofChosenFreeholdersMAY of create a County Planning Board Freeholders must follow statute if creating a Planning Board 4/2/2011 2
County Planning Board Members N.J.S.A. 40:27-1 Not less than 5; not more than 9 members Director of the Board of Chosen Freeholders AFreeholderappointedbytheDirector the County Engineer if Board exceeds 6 members Other citizens of the county who may not hold any other County office; appointed by Director with approval of Freeholder Board All terms are three years Serve without compensation 4/2/2011 3
County Planning Board Alternates (N.J.S.A. 40:27-1.1) If 6 or fewer: 1 alternate citizen member Greater than 6: Alternate #1 & Alternate #2 County Engineer Alternate: Assistant or Deputy County Engineer (1) Freeholder Alternate t (1) Terms of alternate members expire with the end of term of their corresponding regular planning board members 4/2/2011 4
Employees, Experts, Staff & Funding N.J.S.A.40:27-3 Planning Board may employ experts and staff, but only as funded by the Board of Chosen Freeholders or through gift Preparation of Master Plan is essential to capital improvement projects and may be funded through serial notes or bonds. 4/2/2011 5
County Master Plan N.J.S.A. 40:27-2 The county planning board shall make and adopt a master plan for the physical development of the county. The planning board shall encourage the cooperation of municipalities in matters concerning the master plan. Advise the Freeholders with respect to development programs and capital improvement budgets. 4/2/2011 6
Adoption of Master Plan & Notice N.J.S.A. 40:27-4a. Must hold as least 1 public hearing Notice by delivery or certified mail and publication in newspaper at least 20 days in advance of hearing to every Municipal Clerk and Planning Board Secretary in the county Adoption by not less than 2/3 affirmative vote Attested copy certified to Freeholder Board, County Park Commission and Municipal Governing Bodies. 4/2/2011 7
Municipal Coordination N.J.S.A. 40:27-4 b.& c. Municipalities required to notify county planning board of any adoption or amendment of municipal master plan, official map or ordinance under the Municipal i Planned Unit Development Act (1967) 20 days prior to public hearing. Within 30 days of adoption, municipalities must transmit a copy of a zoning ordinance, subdivision ordinance, master plan, official map, capital improvement plan or amendment thereto to the County Planning Board for information and filing. 4/2/2011 8
Official Map: Creation & Changes N.J.S.A. 40:27-5 After advice of the county yplanning board, the Freeholder Board may adopt an official county map. Shows highways, roadways, parks, and parkways, and sites for public buildings and works, under county jurisdiction or involved in the acquisition, financing or construction Freeholder must submit any changes to official map to County Planning Board for review and report. When approved, Official Map is binding and public funds can only be used for construction work or acquisition of land in accordance with the map. 4/2/2011 9
Official Map: Effect N.J.S.A. 40:27-6 No building allowed in the bed of any highway shown on the official map unless a permit is issued by the Freeholder Board Acts as an independent statutory body to hear and grant permit: 10 day notice of time & place in newspaper Must not issue permit if land within mapped highway is earning fair return or where applicant is no way injured by placing building outside of the mapped highway 4/2/2011 10
Authority over Subdivisions N.J.S.A 40:27-6.2 If there is a County Planning Board, the Freeholders shall provide, in accordance with procedures and standards adopted by Freeholders: for the review of ALL subdivisions for the approval al of subdivisions isions AFFECTING county road or drainage facilities Notice and proposed standards provided to municipal clerk and planning board secretary at least 10 days prior to public hearing 4/2/2011 11
County Subdivision Standards N.J.S.A. 40:27-6.2 a.-e. Require adequate drainage facilities and easements Require dedication of ROW s for any roads or drainage ways shown on county master plan or official map County road improvements subject to recommendations of County Engineer relating to safety and convenience of the traveling public Require performance guarantees and maintenance bonds for improvements 4/2/2011 12
Subdivision Procedure N.J.S.A. 40:27-6.3 Each subdivision submitted to County Planning Board prior to municipal approval. Municipality defer final action on application until receipt of County Planning Board report or condition approval upon County Planning Board approval. County Planning Board must issue report to municipality within 30 days of receipt of application or automatic approval of subdivision, unless 30 day extension agreed upon by municipality and approved by applicant. 4/2/2011 13
Review of Subdivisions N.J.S.A. 40:27-6.4 County Planning Board shall review each subdivision. Shall withhold approval if application does not meet County subdivision standards. If approval withheld or disapproved, then a copy of the report with the reasons for the actions shall be transmitted to the applicant. 4/2/2011 14
Certification and Filing of Subdivision Plat N.J.S.A. 40:27-6.5 The county recording officer shall not accept any subdivision plat for filing unless the plat bears the certification of the county yplanning board officer or staff member that the plat was approved or exempt and compliance with Map Filing Law (C.46:23-9.9 et seq.). If county yplanning board failed to take action within 30 days, then County Planning Board Secretary shall attest so on plat. 4/2/2011 15
Authority over Site Plans N.J.S.A. 40:27-6.6 County governing body may provide for the review of site plans along county roads or affecting county drainage facilities limited for the purpose of assuring a safe and efficient road system. Notice and proposed standards provided to municipal clerk, planning board secretary and zoning board secretary at least 10 days prior to public hearing. 4/2/2011 16
Site Plan Standards N.J.S.A.40:27-6.6 a.-c. Submission of site plan, prior to issuance of building permit, development requiring offstreet parking or producing surface runoff in excess of standards. (single-family exempt) Require dedication of ROW in accordance with county master plan/official map.* Require physical road and drainage improvements subject to recommendations of the County Engineer. 4/2/2011 17
Site Plan Standards N.J.S.A.40:27-6.6 d.-f. Require performance guarantees and maintenance bonds for improvements. Require adequate drainage facilities and easements as determined by County Engineer, when proposed site plan will cause stormwater to drain to a county road or drainage facility. Site plans not along a county road less than 1 acre impervious are exempt. April 2010 amendment- solar panels not considered impervious. 4/2/2011 18
Procedures for Site Plan Review N.J.S.A. 40:27-6.7 Municipal entity shall defer action on site plan requiring County Planning Board approval until submitted to County Planning Board. County Planning Board must issue report to municipality within 30 days of receipt of application or automatic approval of subdivision, unless 30 day extension agreed upon by municipality and approved by applicant. 4/2/2011 19
Appeal of Subdivision/Site Plan Decision N.J.S.A. 40:27-6.9 Appeal in writing within 10 days after the date of notice by certified mail of action: Action by Planning Director and Committee: applicant may file appeal to full Board Action by Planning Board: any aggrieved person may file appeal to Freeholder Board Planning Board or Freeholder Board must consider appeal within 45 days of filing at regular or special meeting. Notice made by certified mail to applicant and appropriate municipal & county officials. Decision must be rendered within 30 days of hearing 4/2/2011 20
Filing of Municipal Ordinances N.J.S.A. 40:27-6.10 Municipal Clerks shall file complete copy of planning & zoning ordinances with County Planning Board. At least 10 days prior to public hearing, notify county planning board of introduction of ordinance affecting lands adjoining i county roads or lands, or lands within 200 feet of municipal boundary, or proposed facilities or public lands shown on county master plan or official map. 4/2/2011 21
Notification to County Planning Board. N.J.S.A 40:27-6.11, 6.13 Noticed by the appellant on any Municipal ZBA application where land fronts on an existing county road or proposed road on master plan/official i l map; adjoins other county land or within 200 feet of municipal boundary. Notice of hearing on granting variance by ZBA and amending official municipal map involving property adjoining a county road or within 200 feet of a municipal boundary, 10 days prior to hearing 4/2/2011 22
QUESTIONS? Christine Marion, PP/AICP Planning Director Morris County Planning Board cmarion@co.morris.nj.us www.morrisplanning.org 4/2/2011 23