November 15, 1985 GROWTH CORRIDOR MANAGEMENT LEGISLATIVE PACICAGE. State Highway Access Management Act of County Planning Act

Transcription

1 Nvember 15, 1985 GROWTH CORRIDOR MANAGEMENT LEGISLATIVE PACICAGE State Highway Access Management Act f 1986 Cunty Planning Act New Jersey Transprtatin Develpment District Act f 1986

2 EXECUTIVE SUMMARY three bills: the Stateighway Access Management Act f 1986, the Cunty Planning Act and cransprtatin crridrs. The three bills cnstitute a cmprehensive and integrated Jersey Transprtatin Trust Fund Authrity t finance transprtatin bringing better planned grwth t the State while preserving and develpment. access t State highways. use f the prperty has changed. cnfrm t the access cde n. State highways. Empwers the Cmmissiner t acquire access rights in the interest f public health, safety and welfare. and municipalities may adpt the access cde fr their wn rads. - Cunties Amends the Freeways and Parkways f 1945 t: financing mechani.sm cmbining cntributins frm develper exactments and federal, State and lcal surces with the financing capability f the News imprvements in grwth crridrs. Tgether, these bills shuld assist in Authrizes the Cmmissiner t revke access permits (1) where alternative reasnable access exists r (2) where, in the case f an existing permit which is substandard under the cde, the the New Jersey Transprtatin Develpment District Act f legislative package. They will prvide fr: (1) full statutry authrity fr cmprehensive access management n State highways, (2) significantly imprving the capability f the State transprtatin system t supprt Authrizes the Cmmissiner t adpt a State highway access management cde, prviding fr strict regulatin f driveway This grwth crridr management legislative package cnsists f The purpse f these bills is t give the Department and ther agencies the tls t cnfrnt the prblems created by rapid grwth in Establishes the purpses f the State highway system. imprved reginal planning fr grwth in general and fr the transprtatin t.eeds f grwth crridrs in particular and (3) a The uain prvisins f the three bills are as fllws: State Highway Access Management Act f 1986 Requires cunty and municipal land use and zning prcedures t

3 when planning dcuments are apprved, the cunty may adpt a TDD rdinance levying-develper fees. Ordinance must be apprved by Cmmissiner. (1) Replace the, term freeway with the term limited access highway, (2) Specify that limited access highways can be cnstructed as freeways r expressways in the design sense and (3) Specify that all State highways n new alignment are liftiited access highways unless the Cmmissiner determines therwise. Cunty Planning Act Requires all cunties t have cunty planning bards arid cunty master plans. Requires cnfrmity f municipal master plans and planning and zning rdinances with the cunty master plan; cnfrmity f cunty master plans with the State Develpment and Redevelpment Plan (t be established uner pending bill S 1464) Requir cunty planning bard apprval f subdivisins and site plans fr develpments which (1) include mre than 250 husing units, (2) cntain mre than 100,000 square feet f nnresidential flr space r (3) frnt n a State highway. Requires each cunty t adpt a Capital Imprvements Prgram, including a Lng Range Imprvemeuts Prgram and a Five Year Capital Plan. Prvides fr fficial cunty maps t include prjected right f way lines fr State highways. 1Sew Jersey TransprtatiDevel_pment District Act f 1986 Permits cunties, in cperatin with the Cmmissiner, t establish Transprtatin Develpment Districts (TDDs), levying develper fees t finance transprtatin imprvements. Establishes TDD prcess: O (1) Cunty applies t Cmmissiner t establish TDD. (2) If apprved, Cmmissiner initiates jint planning prcess t prduce: a district transprtatin imprvement prgram (all mdes, all jurisdictins, all funding surces), a prgram f TDD financed imprvements and a financial prgram.

4 TDD rdinances may include chice f develper fees, exemptins, reduced rates, credits, etc. frm apprved list. TDD funds t be kept in a TOD trust fund and expended nly under prject agreements apprved by Cmmissiner. Prject agreements may include shares fr participatin by variusparties and an bligatin by the cunty t make payments t the Cmmissiner in return fr the Cmmissiner frnting the cunty TDD share. The Trust und Authrity is t prvide cash t the Cmmissiner (subject t apprpriatin) fr advance payments n behalf f cunties. /1,

5 V system V Sectin By Sectin V system and f the public investment. therein. DRAFT II Nvember 15, 1985 State Highway Access Management Act Summary 1. Shrt title. State Highway Access Management Act f Findings and declaratins. V The Legislature finds and declares that: a. The purpse f the State highway system is t serve as a netwrk f principal arterial rutes fr the safe and efficient mvement f peple and gds in the majr travel crridrs f the State. b. TIe existing State highways which cmprise the State highway system were cnstructed at great public expense and cnstitute irreplaceable public assets. V c. Th State has a public, trust respnsibility t manage and maintain effectively each highway within the State highway system t preserve its functinal integrity and public purpse fr the present and future generatins.. d. Inapprpriate land develpment activities and unrestricted access t State highways can impair the purpse f the State highway and damage the public investment in that system. e. Every wner f prperty which abuts a public rad has a right f reasnable access t the general system f streets and highways in the State. Hwever, this right f access is subject t regulatin by V the State fr the prtectin f the public health, safety and welfare and in particular fr the prtectin f the purpse f the State highway

6 f. The access rights f an wner f prperty abutting a State highway must be held subrdinate t the public s right and interest in a safe and efficient highway. g. Reasnable regulatin f access and f imprvement activities n land abutting State highways des nt cnstitute a taking f prperty r prperty rights. 3. State highway access management cde. The Cmmissiner must adpt a State highway access management cde ( access cde ) within ne year f enactment. The access cde is t take int accunt the varius functins different highways perfrm within the general system f highways in the State and include standards fr the design and lcatin f driveways and intersecting streets and requirements and prcedures fr the issuance f access permits. 4. Access permits in general. nly. a. 1 ew driveway and public street access by access permit b. Existing.acess permits valid until revked r replaced. c. Driveway and public street access in existence prir t January 1, 1970 presumed valid, even if n access permit issued. d. Unauthrized access subject t a penalty (undetermined). 5. Revcatin f access permits alternate access. Cmmissiner may revke access permits where alternative reasnable access exists. 6. Revcatin f access permits change in prperty use with substandard access.

7 -). Cmmissiner may revke access permits issued befre the act where the access is substandard under the access cde and the use f the prperty has changed r has been expanded since enactment. 7. Access permits fr undevelped lts with therwise substandard access. Cmmissiner may issue access permit fr access which wuld therwise be substandard under the access cde where existing undevelped lt wuld therwise be left with n means f access. These permits are t include limits n maximum vehicular use.. Limits n subdivisin. Afteradptin f the access cde, n prperty abutting a State highway may be subdivided in a manner which wuld create additinal lts abutting that highway unless all the abutting lts s created are in accrd with the standards established in the access cde. 9. Access rads. The Cmmissiner r any cunty r municipality may build new rads t prvide serviet existing develped lts which have n ther means f access except t a State highway, and which d nt have driveways cnstructed in accrdance with the standards f the access cde. 10. Acquisitin f access rights. In additin t any pwers granted t him under any ther prvisin f law, the Cmmissiner may acquire, by purchase r cndemnatin, any right f. access t any State highway whenever he determines that the public health, safety and welfare require it. 11. mendmen.t t N.J.S.A. -27:7 1 (State highways: definitins).

8 Adds definitins f access cde, access permit, driveway, etc. 12. Amendment t title f E.L. 1945, c. 83 (freeways and parkways act). Amends tjle f freeways and parkways act f 1945 t refer t limited access highways, rather than freeways and parkways. 13. Amendment C N.J.S.A. 27:7A l (freeways and parkways act: dfinitiias). Replaces freeway with limited access highway. Limited access highway may be a freeway (all grade separated interchanges, n driveway access), an expressway (at grade intersectins and driveway access permissible) r a parkway (existing definitin retained). Limited access highway als includes all State highways n new alignment, unless the Cmmissiner determines therwise. Definitins are nt t be cnstrued as restricting ability f the Cmmissiner t design State highways. Freeway as used. in previusly enacted freeway designatin acts is t be cnscrued mean limited access highway. 14. Amendment t N.J.S.A. 27:7A 2 (freeways and parkways act: cntrl r exclusin f access by abutters). Gives Cmmissiner same pwers with respect t limited access highways cnstructed n new alignment as he nw has with respect t legislatively designated freeways n new alignment. Eliminates legislative designatin prcess fr new alignments. 15. Amendment t N.J.S.A. 27:7A 3 (freeways and parkways act: prperty required, access rads). Cnfrming, language nly. - I -.,,..

9 16. Amendment t N.J,S.A. 27:7A 4.1 (freeways and parkways act: acquisitin f whle lts). Cz2irnhing language nly. 17. Amendment t N.J.S.A. 27:7A 5 (freeways and parkways act: designatin f existing State highways). Cnfrming language nly. 18. Amendment t I.J.S.A. 27:7A 7 (freeways and parkways act: utility relcatin). Cnfrming language nly. 19. Amendment t.j.s.a. 27:7A 8 (freeways and parkways act: service facilities). i Cnfrming language nly. 20. Amendment t N.J.S.A. 27:7A 9 (freeways and parkways act: limitatin f pwers). Specifies that the Cmmissiner s pwers under the freeways and parkways act are additinal t his pwers under the State Highway Access Management Act, as well being additinal t his pwers under ther statutes. 21. Amendment t N.J.S.A. 40:55D 35 (Municipal Land Use Law: lt t abut street). Requires municipalities t cnfrm t State highway access cde in enfrcing rule that building permits may nly be issued n lts abutting street r highway. 22. Amendment t N.J.S.A. 40:55D 38 (Municipal Land Use Law: subdivisin and site plan rdinance mandatry cntents). Requires municipalities tb-cnfrm t access cde fr State highways in subdivisin and site plan apprval rdinance.

10 23. Amendmen.t t N.J.S.A. 40:55D 39 (Municipal Land Use Law: subdivisin and site plan rdinance discretinary cntents). Municipality may adpt the municipal prvisins f the access cde as part f its subdivisin and site plan apprval rdinance. 24. Amendment t N.J.S.A. 40:55D 62 (Municipal Land Use Law: zning rdinance mandatry cntents). Requires municipalities t cnfrm t access cde fr State highways in zning rdinance. 25. Amendments t N.J.S.A. 40:55D 65 (Municipal Land Use Law: zning rdinance discretinary cntents). Municipality may adpt the municipal prvisins f the access cde i as part f its zning rdinance. 26. Effective date. Act t be effective 90 days after enactment. i-h

11 V Draft I Nvember 15, 1985 Cunty Planning Act Sectin By Sectin Summary 1. Requiremt t have cunty planning bards. Amends N.J.S.A. 40:27 1 t require cunties t establish cunty planning bards. 2. Cntents f cunty master plan. Amends N.J.S.A. 40:27 2 t specify in greater detail the required cntents f a cunty master plan. Required are: 0 a genral land use element, a cmprehensive develpment strategy, A range f ppulatin and emplyment prjectins cnsistent with the land use plan and develpment strategy, and A circulatin element describing a transprtatin system which can adequately supprt prjected develpment and an implementatin plan linking transprtatin imprvements t the pace f deve1pinent. 3. Review f municipal master plans, fficial maps and rdinances. Amends N.J.S.A. 40:27 4 t require cunty planning bards t examine municipal master plans, maps and rdinances submitted t them and t take any necessary actins t ensure that these dcuments are cnsistent with the cunty master plan. 4. Cntents f fficial cunty map. Amends N.J.S.A. 40:27 5 t require the fficial cunty map t shw, in additin t cunty rads, all State highways and all prjected imprvements in the cunty master plan, regardless f jurisdictin V -

12 z / 5. Subdivisin review by cunty planning bards. and apprval fr subdivisins which: (1) include mre than 250 residential dwelling units, (2) cntain mre than 100,000 square feet f nnresidential develpment r (3) frnt n a State highway r affect State drainage facilities. which affect cunty rads r drainage facilities. 6. Ref eral f subdivisin applicatins t DOT and DEl. Amends N.J.S,A. 40: t require the cunty planning bard t fr cinnient. 7. Site plan review by cunty planning bards. and apprval fr site plans fr develpment which: (1) include mretin 250 residential dwelling units, (2) cntainmra than 100,000 square feet f nnresidential flr space r (3) frnt n a State highway r affect State drainage facilities. fr develpments which affect cunty rads r drainage facilities. 8. Filing f municipal rdinances with cunty planning bards. requirement. - Existing sectin authrizes review and apprval nly f subdivisins submit subdivisin applicatins under review by the bard t DOT and DEl Amends N.J.S.A. 40: t authrize cunty planning bard review Existing sectin authrizes review and apprval nly f site plans Amends 11.J.S.A. 40: t authrize cunty planning bard review revisins in municipal planning and zning rdinances with the cunty planning bard. Existing sectin exempts sme revisins frm the filing Amends N.J.S.A. 40: t require municipalities t file all

13 9. Filing f applicatins t bard f adjustment withcurity planning bard. Amends N.J.S.A. 40: t require applicatins t the bard f fr land frnting n existing r prpsed cunty rads. 10. Ntice t cunty planning bards f certain municipal hearings. Amends N.J.S.A. 40: t require ntice t cunty planning State highways. This prvisin already applies t cunty rads. 1 that municipal master plans cnfrm with cunty master plans. 12. Required reexaminatin f municipal master plans. Amends the Municipal Land Use Law (N.J.S.A. 40:.55D 89) t require new r amended cunty m er plan. 13. Cnfrmity f cunty master plans with the State Develpment and Redevelpment Plan. master plans cnfrm with the State Develpment and Redevelpment Plan Act, S 1464). 14. Required reexaminatin f cunty master plans. years..4 * 4 adjustment invlving land frnting n existing r prpsed State highways bard f municipal zning variance hearings invlving prperty adjining 11. Cnfrnity f municipal master plans with cunty master plans. Adds a new sectin t the cunty planning law t require that cunty (t be develped under the pending State Develpment and Redevelpment municipalities t reexamine their master plans fllwing adptin f a t be filed with the cunty planning bard. Filing is already required Amends the Municipal Land Use Law (N.J.S.A. 40:55D 28) t require Adds a new sectin t the cunty planning law t require cunties t make a general reexaminatin f cunty master plans at least every 6

14 Cunty Capital Imprvements Prgram. Adds a new sectin t the cunty planning law t require each cunty planning bard t adpt a Capital Imprvements Prgram cnsistent with the cunty master pan and including all gvernmental jurisdictins. The Capital Imprvements Prgram is t cnsist f: (1) a Lng Range Imprvements Prgram, listing all imprvements required t implement the cunty master plan, and (2) a Five Year Capital Plan describing all prjects anticipated t be advanced ver the cming 5 years. 16. State highways n the fficial cunty map. Adds a new sectin t the ctrnty planning law t require the ff icial cunty map t include prjected State highway rights f way. Fr existing State highways, the cunty map is t depict a right f way based n a general plan r standard crss sectin filed by the Cmmissiner f Transprtatin. Fr State highways n new alignments, the cunty map is t be cnsistent with the Cmmissiner s rute preservatin map. Thecünty map is t include a prjected right f way sufficient t include any imprvements prpsed in the cunty master plan. 17. Cunty planning bard review meeting. Adds a new sectin t the cunty planning law t authrize cunty planning bards t hld regular mnthly applicatin review meetings. 18. Effective date. The act is t take effect 90 days after enactment. / 15.

15 - Draft I Nvember 15, 1985 Transprtatin Develpment District Act Sectin By Sectin Summary 1. Shrt title. New Jersey Transprtatin Develpment District Act f Findings and declaratins. a. In recent years, New Jersey has experienced explsive S grwth in. certain, regins, ften alng State highway rutes. These i grwth crridórs and grwth districts are vital t the State s future but als present special prblems and needs. b. Grwth crridrs and districts are heavily dependent n. the State s transprtatin system fr their current and future develpment. At the same time, they can place enrmus burdens n existing transprtatin frastructure, creating demands fr expensive imprvements, degrading the ability f State highways t prvide fr thrugh mvements f traffic and creating cnstraints t future develpment. c. It is apprpriate fr the State t make special prvisins fr the financing f needed transprtatin imprvements in these areas, including the creatin f special financing districts and the levying f special fees n thse develpers wh are in large part respnsible fr the added burdens n the transprtatin system and wh benefit frm their lcatin adjacent t that system. -

16 Definitins fr annual develpment fee, cmmissiner, department, develpment, public highways, public transprtatin prject, transprtatin develpment district r district, and 4. Designatin and delineatin f transprtatin develpment A cunty may apply t the Cmmissiner f Transprtatin t designate and delineate a TDD. Applicatin must include: (1) prpsed TDD bundaries, (2) evidence f grwth cnditins, (3) a list f transprtatin eds within the district, (4) a draft financial prgram and (5) cercifieain that creatin f the TDD wuld cnfrm with the The Cmmissiner must apprve the applicatin r disapprve it The Cmmissinex is t initiate a jint planning prcess t prduce: (1) a district transprtatin imprvement prgram, establishing gals fr all mdes, all jurisdictins and all funding (2) a prgram f TDD funded prjects, including a five year The three planning dcuments are t be the subject f a public hearing prcess and must be apprved by the Cmmissiner and adpted by the cunty. 3.. Definitins. transprtatin prject. districts (TDDs). cunty master plan. (giving reasns in writing). 5. TDD planning. Surces, - and a ne year prgram, and (3) a prpsed financial prgram.

17 6. TDD rdinance. A cunty may adpt a TDD rdinance with the fllwing prvisins: (1) levyng an annual develpment fee, (2) establishing a TDD trust fund under the cunty treasurer, (3) delineating a cre area and prviding fr reduced fees utside that area, (4) prviding fr credits against annual develpment fees (see sectin 9), develpment fees fr specified land uses (see sectin 10) and (6) establishing a cutff date fr applicability f annual develpment fees and prviding fr reduced fees fr develpments apprved between that date and the effective date f the TDD rdinance. The Cnmiissiner s apprval is required fr any TDD rdinance t becme effective. 7. Annual devêlpment fees. The fllwing annual develpment fees may be levied: generated by the develpment, (2) A square ftage fee, based n the square ftage f a develped structure, (3) An emplyee fee, based n the number f emplyees regularly emplyed at the develpment r (4) A parking space fee, based n the number f parking spaces lcated at the develpment. - - I (5) prviding fr exemptins frm r reduced rates fr annual (1) A vehicle trip fee, based n. the number f vehicle trips

18 8. Cmputatin. f annual develpment fees. Cmputatin f annual develpment fees is t be dne accrding t unifrm standards adpted by the Cmmissiner. 9. Credits against annual develpment fees. The Cmmissiner may authrize a cunty t grant credits fr payments and expenses in furtherance f the district transprtatin imprvement plan, including but nt limited t (1) cntributins t transprtatin imprvements ther than thse required fr safe and efficient highway access t a develpment and (2) csts attributable t the prmtin f public transit r ridesharing. 10. Exemptins frm r reduced rates fr annual develpment fees. The Cmmissiner may authrize a cunty t prvide fr exemptins frm r reduced rates fr annual develpment fees fr specified land uses, including residential develpment, industrial develpment and develpment at transit statins and ther majr transprtatin facilit.es. 11. Prject agreements. The Cmmissiner and the cunty (and ther parties) may enter int prject agreements cncerning TDD funded prjects. The prject agreement may include the bligatin f the cunty t make payments t the Cmmissiner accrding t an agreed upn schedule f payments. 12. TDD expenditures. Expenditures frm a TDD trust fund must be (1) by apprpriatin by the cunty gverning bdy and (2) iii accrdance with a prject agreement under sectin S I * -

19 13. Advancement payment by DOT. The Cmmissiner may make advance payments n behalf f a cunty fr a TDD prject under a prject agreement made under sectin Jint districts. Jint districts, cvering mre than ne cunty, may be established either n applicatin f the cunties r when the Cmmissiner requires it. 15. Financing by the New Jersey Transprtatin Trust Fund Authrity. The New Jársey Transprtatin Trust Fund Authrity Act is amended t prvi that the TTFA is t make payments t the Cmmissiner, subject t apprpriatins, fr the purpse f making advance payments n behalf f cunties under sectin 13. necessary 16. The fr 17. Rules and regulatins. Cmmissiner is authrized t adpt rules and regulatins the implementatin f the act. Separability. The prvisins f the act are declared C be separable in case f a judicial 18. The 19. The finding that any prvisin f the act is invalid. Liberal interpretatin. act is t be interpreted liberally. Effective date. act is t take effect iinmdiate1y. -