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Using
Environmental Ordinances to Protect Local Natural Resources
As
part of their broad home rule powers, elected local officials have
the awesome responsibility of developing and enforcing a code of
behavior to protect the public interest in natural resources in
their community. Because we will never be able to buy all the land
we need to insure the clean air, clean water, and open space for
future generations, ordinances, especially those that regulate the
use of the land, are natural preservation tools. Adopted by the
municipal governing body or board of health,[1]
ordinances are key to the protecting the local quality of life.
Well-written
ordinances with strict and clear environmental standards form
a framework for local boards and professionals to conduct fair
and effective reviews of development applications. They cover
a broad range of issues including zoning, the planting of trees,
management of storm water, and preservation of stream buffers.
Local
officials use ordinances to establish policies and standards that
will endure beyond the life of the governing body or board of
health that creates them. Ordinances are the body of public law
that implement the goals of the local master plan and protect
public assets like special environmental features identified in
the environmental
resource inventory (ERI). In short they carry out the public
desire for an orderly and ethical society.
If
properly enforced, ordinances create significant, long-lasting
changes in a municipality.Because ordinances often place restrictions
on private activities, they must be based on sound data and ensure
the broadest protection of the public health, safety and welfare.
Environmental commissioners, other municipal officials and interested
citizens should understand the basics of drafting and passing
creative and fair ordinances that will preserve or improve their
communitys environment and quality of life.
New
ordinances are generally an outgrowth of problems identified by
the public or local officials in their day-to-day work. Ideas
originate with environmental commissions, planning boards, the
governing bodies, boards of health or a group of citizens. Generally,
once there is general agreement on the major concepts, an attorney
prepares a draft and submits it for review to the governing body
and appropriate professionals like the municipal planner or engineer.
Since the elected officials on governing body must pass most ordinances,
it is very important to involve and inform them as early in the
process as possible. Governing bodies and boards of health often
turn to environmental commissions and planning boards for advice
on specific issues.
Just
because an ordinance is a good idea doesnt mean the governing
body will necessarily adopt it. Drafting an ordinance is just
part of the process. Convincing elected officials to enact a particular
ordinance takes at least as much time and effort. Several approaches
can help gain the governing bodys support. First, if possible,
identify a key elected official who has an interest in the subject.
Include that person in discussions from the very beginning. Once
you have agreement on the major issues the ordinance should cover,
arrange a presentation at a work session of the governing to discuss
the concepts. Keeping the governing body informed can help
build support. It is helpful to identify a member of the planning
board or governing body who supports the ordinance so this person
can speak out at planning board and town council meetings. It
will also help identify areas where you may have to modify specific
ordinance provisions. You also need to build political support
for a new ordinance among citizens, planning board members, local
professionals (municipal and planning board attorneys, planner,
engineer), local watershed associations and land trusts.
All
proposed changes in local regulations, whether they involve such
matters as raising a tax for open space acquisition, bonding to
cover expenses, restoring a road surface, saving trees or changing
land use patterns, should be critically reviewed for potential
impacts on natural resource protection. Close attention to the
process can prevent unintended consequences of casually adopted
ordinances.
Zoning
Ordinances to Help Preserve Open Land and Critical Areas
Carrying
capacity zoning: Based on the ability of an area to accommodate
growth and development within the limits defined by existing infrastructure
and natural resource capabilities, this approach requires a comprehensive
environmental inventory for implementation. Determining carrying
capacity can be a difficult process, subject to differing opinions.
For example the need for sewage disposal can limit the land's
carrying capacity. If a residential subdivision can connect with
a sewage treatment plant, the plant's capacity will dictate the
number of new homes possible. If homes must rely on septic systems,
a nitrate dilution model will determine the number of septics
an area can handle. (See Smart Growth Survival Kits Build-Out
and Carrying Capacity)
Cluster
zoning: By maintaining the regular zoning's ratio of housing
units to acreage and permitting clustered development through
undersized lots, this technique allows for open space preservation.
A Planned Unit Development provision in the MLUL
(N.J.S.A. 40:55D-39 (b)-(c)) allows clustering for a large, mixed-use
development. Flexibility in siting allows preservation of open
space areas within a development site and reduces construction
and infrastructure costs. Without comprehensive planning, cluster
ordinances result in small pieces of unlinked preserved open space,
with no connection to an open space system. They may also increase
processing time for development approval.
Floor
area ratio: Setting a standard for what the ratio of total
floor area to the area of the lot adds some flexibility to zoning
regulations while still controlling the intensity of development.
It also can be applied directly to the building design and adapted
to many architectural designs.
Large
lot zoning: Large minimum lot sizes can help maintain low
densities and protect water resources, particularly in rural areas.
Since zoning is subject to change, large lots are not an effective
device for permanent preservation. Large lots generally increase
real estate values and infrastructure costs and foster sprawl.
Lot
size averaging: The density remains the same overall but lot
sizes can vary. This improves planning for critical areas and
keeps land in private ownership.
Overlay
zone: An overlay zone is a mapped zone that imposes a set
of requirements in addition to those of the underlying zoning
district. Municipalities use overlay zones when a special public
interest such as a stream corridor, aquifer, ridge or steep slope
does not coincide with the underlying zone boundaries. In the
overlay zone, the land is simultaneously in two zones and may
be developed only under the conditions and requirements of both
zones. The overlay zone is part of the municipal zoning ordinance.
Because the overlay zones are site specific, they add an opportunity
to implement site-specific public policies, especially with environmental
protection.
Performance
zoning: A list of permitted impacts (based on natural resource
data and design guidelines) as opposed to permitted uses define
these zones and direct development to appropriate places based
on a comprehensive, environmentally based plan. However, environmental
impacts may be hard to measure and criteria hard to establish.
The plan can be expensive to prepare.
Special
zoning district: With development restrictions to protect
agriculture, natural and historic areas, scenic views and neighborhood
character, an ordinance establishing a special district ordinance
should be specific enough to avoid varying interpretations.
A General
Approach for Drafting an Ordinance
Clearly,
the first step is to pinpoint the specific issue or concern. Master
plan amendments often require new or amended regulations for their
implementation. For example a recommendation to protect stream
corridors may require amendments to land use and stormwater control
ordinances. Specific environmental concerns like the abatement
of lead paint or emissions from idling trucks may lead to ordinance
changes by the board of health.
Second,
conduct a critical review of all existing ordinances to determine
a) if the issue is simply one of lack of enforcement of existing
law or b) if existing ordinances can be amended to solve the problem.
Amending an existing ordinance is easier than gaining support
for an entirely new concept.
Third,
review existing state law to determine if an existing statute
supports the proposed solution. The New
Jersey Constitution delegates certain powers to municipalities. For
example, the Municipal
Land Use Law puts the power of zoning and land use regulation
in the hands of local government.[2]
The
state has enacted laws to protect some critical areas like wetlands
and flood plains. The 1987 Freshwater Wetlands Protection Act
(N.J.S.A. 13:9B-1 et seq.) for example, preempts municipalities
from regulating wetlands although wetland areas are generally
zoned for some use. Local zoning ordinances should refer
to the state mandates of these laws, by requiring, for example,
a wetlands Letter of Interpretation before the Planning Board
or Board of Adjustment will consider applications for subdivision
and site plan review.
Local
land use regulations should also insure that land preserved at
public expense is sufficiently buffered to protect its important
environmental qualities. For example, allowing dense condo
development around a preserved farm provides the developer with
added value and limits the use of the preserved property for its
major purpose. Condos surrounding a farm generally result
in complaints that can limit the farmers ability to produce
crops. Similarly, condos around a public ball field generally
lead to conflicts over traffic and noise.
Fourth,
gather background information about the issue of concern. Accurate
information will help in drafting and defending the ordinance
during public meetings. It is also very important to have
a solid factual basis to fend off potential court actions once
the ordinance is enacted. Sources of background information
include the ERI,
ANJEC publications,
NJDEP documents, EPA
technical reports, the
State Plan, environmental
documents and reports, scientific and academic studies. Contact
the ANJEC Resource Center at Resourcecenter@anjec.org
or (973) 539-7547 for additional guidance.
A
review of related ordinances and initiatives adopted in other
municipalities can provide a great deal of useful information.
Few municipal governments want to be the first to adopt a new
type of ordinance. Using other community initiatives as examples
often helps convince local officials to move into new areas.
ANJEC
has developed a database of more than 500 environmental ordinances
that have been adopted by communities around the state. These
ordinances reflect local environmental conditions and political
realities. Copies are available to ANJEC members. To request an
ordinance from ANJECs database, review the Topics in ANJEC Ordinance Database and email a request to
Resourcecenter@anjec.org or call the
Resource Center directly at (973) 539-7547.
A
number of organizations also have model ordinances available online. While
local officials rarely adopt a complete model ordinance, they
often will accept specific concepts or sections.
Tips
for Writing an Ordinance
By
Rodney C. Nanney, Ypsilanti Charter Township, Michigan
Brevity
and clarity the key to effective local codes
Touch
up definitions. Look
for duplications (like main building and principal
building), and for definitions that are outdated, poorly
written or no longer referenced in the ordinance.
Add
subject headings and titles
in italicized or bold fonts.
Consolidate
subject areas into a single section: Pick a topic, (like landscaping)
try to find all references, and put them in the same section.
Eliminate
unnecessary words and phrases like herewith, deemed to be,
and double negatives.
Write
new ordinances with the following questions in mind:
- Can
it be stated in fewer words?
- Does
the text clearly reflect the intent of the ordinance?
- Could
lengthy text be replaced by an illustration? Remember,
a picture is worth 1,000 words.
Ordinance
Structure
Once
the necessary information has been collected and thoroughly examined,
and the governing body has agreed in principle with the concept,
the process of drafting the ordinance can begin. A typical
ordinance generally contains several major sections including
the (1) Title, (2) Purpose, (3) Definitions, (4) Standards, (5)
Applicability, (6) Submittals, and (7) Penalties and Fees.
The
TITLE, or legal name by which an ordinance can be cited,
states the scope and identification number of the document, as
well as the name of the municipality.
The
PURPOSE should clearly describe the main objectives of
the ordinance, including the reason(s) why the ordinance should
be adopted. Background information gathered during the pre-drafting
process can prove very useful at this time. Should the ordinance
be challenged in the courts, the purpose section justifies its
existence. For this reason, this section should be as detailed
as possible and the wording should be clear and concise. It
should also reflect the master plan goals and objectives. Most
importantly, it must contain accurate information that clarifies
the purpose of the ordinance. Examples of PURPOSE
Statements
The
DEFINITIONS
section describes key terms used within the ordinance. Definitions
should be clear and understandable since they are the fundamental
building blocks for other sections of the ordinance. Any
special terms introduced within an ordinance should be thoroughly
explained in this section. A few towns have used graphics
effectively to clarify the definitions such as a cross-section
of a stream corridor to define the zones. Examples of DEFINITIONS
STANDARDS
are the specific details that guide local officers and agencies
as they implement and enforce the ordinance. Standards should
be based on science. For example Cook Colleges 1989 Watershed
Management Strategies for New Jersey provides a solid foundation
for requiring a stream buffer of 150 to 300 feet for nutrient
and pollutant removal. If you have sufficient background data,
you will be better prepared to defend standards during the drafting
process. Well-written standards also will help with enforcement. Examples
of STANDARDS
APPLICABILITY
describes precisely who and what the ordinance
will govern. Perhaps the ordinance applies only to developments
or subdivisions over a certain size, or in specific zones, or
creates overlay zones for sensitive environmental features like
ridgelines or aquifer recharge areas.
The
SUBMITTAL section sets out the information and plans required of anyone proposing
a project or development covered by the ordinance. A well thought
out and written submittal section can help insure that the municipality
receives enough data to be able to assess the impacts of a particular
proposal. Be careful to require a reasonable amount of data. Otherwise,
applicants will probably request waivers and/or ignore some requirements.
For
example, the required elements of an Environmental Impact Statement
can be listed in this section: flora and fauna inventory, lighting
and noise studies, etc. Set high standards for the most important
issues by asking for specific details so the applicant knows to
submit worthwhile information rather than boilerplate text. For
instance, a stream corridor ordinance can require the submittal
of a hydrologic report that shows the effects of drainage on the
buffer area, but few stream corridor ordinances do so currently.
Examples of SUBMITTALS
FEES
required of applicants AND PENALTIES that may result from
the violation of an ordinance are specified within the individual
ordinance or as a general condition of the Land Use Regulations. Since
local officials will refer to this section when enforcing the
ordinance, it should be clear and comprehensive to insure that
it covers all applicable cases. This section should set out who
will enforce the ordinance (for example the zoning officer or
building code official), what the penalties are, how property
owner will be notified of a violation, and any relevant time frames.
An
ordinance should reflect the local conditions of a municipality. Model
ordinances can be very helpful, but one that is not tailored to
a particular municipalitys needs may be worse than no ordinance
at all. Topography, hydrology, population, industrial development,
and species diversity are some of the factors that vary widely
between municipalities. Unique physiographic features found
in specific regions of New Jersey, such as the sand dunes along
the coastal zone, or underground limestone deposits in the northwestern
part of the state, also require special protection.
Ordinance
Approval Process
Under
NJ law, the municipal governing body or board of health has to
follow specific timetables when adopting an ordinance. (N.J.S.A.
40:49-2) Every meeting where either of these agencies is
taking formal action on a new ordinance must comply with all requirements
of the Open Public Meetings Act (N.J.S.A 10:4-7 et seq.).
To
start the process, the proposed ordinance is introduced in a first
reading at a publicly advertised meeting. The governing body must
agree by a majority vote to proceed and determine the date for
a second reading and public hearing at that time. The
complete text or title and summary of land use ordinances must
be advertised in the municipalitys official newspaper at
least 10 days before the public hearing and posted on the municipal
bulletin board. Notice of amendments to zoning ordinances must
be send to all owners within 200 feet of all boundaries of the
district (unless the change is implementing a change in the Master
Plan). Copies of the ordinance must also be made available to
the public through the municipal clerk. If the ordinance relates
to land use, the governing body must send a copy of the ordinance
to planning board for review. The planning board has 35 days after
the first reading to comment on the proposed ordinances
consistency with the master plan.
The
second reading or public hearing gives local officials, residents
and all other interested parties the opportunity to express their
support, concerns and opinions about the ordinance, ask questions
and to present pertinent information. Based on the outcome of
the public hearing, the governing body may pass, reject, amend,
or delay final consideration pending additional information.
If
substantive amendments are introduced, the ordinance must return
to first reading. Then the same introduction and hearing
process begins again until it is passed.
A
majority of the members of the governing body have to vote in
favor of a new ordinance for it to pass. For zoning changes, if
the owners of 20% or more of the area being rezoned or of those
within 200 feet of the rezoning sign a protest, then two-thirds
of the members of the governing body must vote in favor the ordinance
for it to pass. After adoption a final draft must be made
available to the public at the municipal building. All land use
ordinances must also be filed with county planning board for them
to take effect. The local government must also publish either
the title with a summary or the entire document in the official
local newspaper. The new ordinance remains in effect in perpetuity
unless amended or revoked by the governing body.
Examples
of Sections of Ordinances
Disclaimer: The
following excerpts are examples of workable approaches that municipalities
have developed to deal with environmental and land use issues. They
are samples and should be modified to reflect environmental conditions,
current regulations and state-of-the-art knowledge in the environmental
field.
PURPOSE
Statements
Whether
making an amendment, creating a subsection, or drafting a new
ordinance, detail and accuracy are of utmost importance. The
illustrations below show several ways to write effective purpose
statements.
Ten
Towns, Great Swamp
Model Ordinance Creating Stream Buffer Conservation Zones for
Perennial and Intermittent Streams
- Reduce
the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses, wetlands,
subsurface, and surface water bodies by using scientifically-proven
processes including filtration, deposition, absorption, plant
uptake, biodegradation, de-nitrification and by improving infiltration,
encouraging sheet flow, and stabilizing concentrated flows.
-
Improve and maintain the safety, reliability and adequacy of
the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations
of aquatic flora and fauna.
- Regulate
the land use, siting and engineering of all development to be
consistent with the intent and objectives of this ordinance,
accepted conservation practices, and to work within the carrying
capacity of existing natural resources.
- Assist
in the implementation of pertinent state laws concerning erosion
and sediment control practices.
- Conserve
the natural features important to land and water resources (e.g.
headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, prime wildlife habitats)
and other features constituting high recreational value or containing
amenities that exist on developed and undeveloped land.
-
Work with floodplain, steep slope, and other ordinances that
regulate environmentally sensitive areas to minimize hazards
to life, property, and stream features.
- Conserve
natural, scenic, and recreation areas within and adjacent to
stream areas for the communitys benefit.
Moorestown,
Burlington County
An ordinance to preserve natural waterways
The
purpose of this amendment is to promote public health, safety
and general welfare, and to promote the aesthetic, recreational
and natural resources values by: preserving the natural flow patterns
of waterways within the region, in order to retain the natural
storage capacity of the watershed and to protect and maintain
the water table and recharge areas within the municipality for
a continued, adequate supply of water to wells, ponds, and streams;
maintaining undisturbed the ecological balance between wildlife,
plant, and aquatic life, which are dependent upon watercourses
and their protective floodplains and slopes; protecting, enhancing
and restoring the shoreline cover; maintaining shade and cool
water temperatures in the streams and other waterways; and protecting
scenic beauty, controlling erosion and reducing effluent and nutrient
flow from the shoreline.
DEFINITIONS
The
definitions section of an ordinance describes any terms or special
titles that may require clarification. It is critical that
the definitions be written with as much detail as possible, as
any misinterpretation can reduce the effectiveness of the ordinance.
Franklin
Township, Somerset County, Stream Corridor Preservation Ordinance
Stream
corridors include four components: stream channels, flood
plains, critical slopes of 12 percent or greater, and associated
preservation areas. These components are defined as follows:
(1) STREAM CHANNELS: Stream channels for both permanent
and intermittent watercourses of either delineated or non-delineated
streams consist of the bed and banks of a stream within which
is conveyed the normal flow of the stream, as identified on
any one or more of the following:
[a]
Flood Boundary and Floodway Map and Flood Insurance Rate Map,
prepared by FEMA
[b]
Soil maps from the Soil Survey of Somerset County, New Jersey
[c]
An alignment survey, including profile and cross-sections,
prepared by a licensed New Jersey Engineer and/or Land Surveyor
[d]
Such other maps as the Township may adopt
(2) FLOOD PLAINS: Flood plains are delineated in (1)[a]
above, and include the floodway and the New Jersey Flood Hazard
Area, and the encroachment lines of non-delineated streams. If
both a 100-Year Flood Limit and a Stream Encroachment Line have
been established, the flood plain shall be delineated by the
area encompassed within both lines.
(3) CRITICAL SLOPES: Land whose slope exhibits a change
in elevation greater than 12% for a horizontal distance of 10
feet or greater, and where the toe of the slope lies within
50 feet of the stream channel bank or floodplain shall be deemed
critical slopes. The protection area for critical slopes
shall be the lesser of:
[a]
A slope distance of 100 feet from the toe of slopes having
a consistently average slope of 12% or greater
[b]
A slope distance of 50 feet beyond the first point at which
the slope is less than 12%
(4) PRESERVATION AREAS: The Stream Corridor Preservation
Area is required to be delineated as the most restrictive limit
of any of the three (3) distances established in accordance
with the following schedule
STANDARDS
The
standards set out who has to comply with the ordinance, how and
when. A simple example of how new construction will not infringe
on stream corridors in accordance with a local ordinance might
be the following:
Mount
Olive Township, Morris County:
An ordinance maintaining a stream corridor during development
All
residential and non-residential subdivisions, including minor
subdivisions, and all site plans, both residential and non-residential,
shall provide for a stream corridor buffer as part of the development
scheme. Stream corridor buffers shall have a width of
100 feet on each side of all stream corridors, and no building
or structure, including driveways or parking areas, whether pervious
or impervious, shall be erected within any stream corridor or
stream corridor buffer. No septic system shall be located within
any stream corridor, or stream corridor buffer, and in no case
closer than 100 feet of the top of bank of any stream.
SUBMITTALS
A
submittal section describes the data and studies required from
the applicant in order for the governing body to review the request
and determine whether the project is in compliance with the ordinance.
Far
Hills, Somerset County: An ordinance regulating development
within a stream corridor requires a developer to submit
a) Delineation of stream corridors
b) Detailed hydrologic engineering studies indicating the effects
on drainage, stream, and adjacent properties as well as the
property in question, including necessary data to determine
whether the boundaries of the stream corridor would be affected
if the application were granted.
c) A plan indicating the disposition of any fill material
proposed to be deposited by the grading or re-grading of land. No
fill is to be placed on wetlands.
d) The designation of how suitable techniques, including erosion
and soil stabilization measures, sediment traps and nutrient
control by vegetation filters or other mechanisms, will be incorporated
to protect the stream.
e) A demonstration that the use or activity cannot be located
outside the stream corridor.
ANJEC
Ordinance Database Description
ANJEC
has developed a database of over 500 current environmental ordinances
from municipalities throughout New Jersey. These ordinances are
examples of approaches that have worked in other municipalities.
They should be modified to reflect local environmental conditions,
current regulations, and state-of-the-art knowledge in the environmental
field.
If
your community has recently passed an innovative ordinance, please
email or call the Resource Center
at (973) 539-7547. We can also provide valuable assistance with
getting an ordinance written and passed.
Please
note that ordinances are available to ANJEC members who are
- Environmental
Commissioners, Municipal Officials or staff of non-profit environmental
organizations;
- The
ordinance is to be used for a municipal initiative or watershed-related
project.
We
have indexed the ordinances in our database to help locate what
you need.
To
request an ordinance send us an email request with the keywords
that best describe what youre looking for.
ANJEC
Ordinance Database Topics and Sub-Topics
The
ANJEC Resource Center maintains an electronic database of ordinances
to protect natural resources. When available, court and litigation
history and commentary from town officials is noted. The following
is a listing of sample ordinances maintained in the database.
Disclaimer.
ANJECs Ordinance Database contains examples of approaches
that have worked in other municipalities. They should be modified
to reflect local environmental conditions, current regulations,
and state-of-the-art knowledge in the environmental field.
Topics
Buffers
Checklists
Committees/Commissions
Conservation
Tools
Critical Areas
Environmental Health
Impact
Statements
Land
Use
Secondary Impacts
Water
Resources
Zoning
Buffers
Development
Stream
Corridor
Checklists
Environmental Impact
Flood
Hazard
Committees/Commissions
Agricultural
Environmental
Growth
Management
Historic
Preservation
Open
Space
Parks
Regional
Planning
Shade
Tree
Conservation
Tools
Conservation Easement
Deed
Restriction
Energy
Historic
Preservation
Lot
Size Averaging
Open
Space
Recycling
Redevelopment/Brownfields
Transfer
of Development Rights
Waste
Reduction
Critical Areas
Carbonate/Limestone
Dunes
Endangered/Threatened
Species
Flood
Hazard
General
(Multiple critical areas covered by one ordinance)
Slope/Ridgeline
Soil
Erosion
Stream
Corridors
Trees/Forest
Wetlands
Environmental
Health
Hazardous
Material
Pesticides
Impact
Statements
Community
Environmental
Traffic
Land Use
Agriculture/Right to Farm
Bike
Paths/Bikeways
Buildable
Lot
Cellular/Telecommunication
Towers
Development
Fees
Environmental
Disturbance Fund
Existing
Use Growth Boundaries
Golf
Courses
Impervious
Surface
Landscaping
Lot
Size Averaging
Lot
Suitabililty/Useable Lot Area
Off-Tract
Pools
Previous
Use
Quarries
Roads/Scenic
Corridors
Signs
Site Plan
Soil Movement
Subdivision
Secondary
Impacts
Light Pollution
Noise
Water
Resources
Acquifer Recharge/Wellhead Protection
Flood Hazard
Impervious Surface
Non-Point Source Pollution
Stormwater Management
Septic/Wastewater Management
Surface Water
Wetlands
Zoning
Aesthetics
Affordable Housing
Agricultural
Cluster
Conservation
Forest
Historic Preservation
Industrial
Carbonate/Limestone
Multi-Use
Planned Development
Recreational
Redevelopment/Brownfields
Rezoning
Special Improvement District
Village Commercial District
Sub-Topics
Aesthetics
Affordable Housing
Agricultural Commission/Committee
Agricultural Zoning
Agriculture/Right to Farm
Aquifer Recharge/Wellhead Protection
Bike
Paths/Bikeways
Brownfields
Carbonate/Limestone
Cellular Towers
Cluster Zoning
Community Impact Statement
Conservation Easement
Conservation Zoning
Critical Areas -General (Multiple critical areas covered by one
ordinance)
Deed
Restriction
Development Buffers
Development Fees
Dunes
Endangered/Threatened
Species
Energy
Envronmental Commisson/Committee
Environmental Disturbance Fund
Environmental Impact Checklist
Environmental Impact Statement
Existing Use Growth Boundaries
Flood
Hazard
Flood Hazard Checklist
Forest Zoning
Golf
Courses
Growth Management Commission/Committee
Hazardous
Material
Historic Preservation
Historic Preservation Commission/Committee
Impervious
Surface
Industrial Zoning
Light
Pollution
Lot Size Averaging
Lot Suitability
Multi-Use
Noise
Non-Point Source Pollution
Off-Tract
Open
Space
Open Space Commissions/Committees
Parks
Commission/Committee
Pesticides
Plannned Development
Pools
Previous Use
Quarries
Recreational
Zoning
Recycling
Redevelopment/Brownfields
Regional Planning Commission/Committee
Riight to Farm
Roads/Scenic Corridors
Rezoning
Septic/Waterwater
Management
Shade Tree Commission/Committee
Signs
Site Plan
Slope Ridgeline
Soil Erosion/Sedimentation Control
Soil Movement
Special Improvement District
Stormwater Management
Stream Corridors
Subdivision
Surface Water
Telecommunication
Towers
Traffic Impact Statement
Transfer of Development Rights
Trees/Forest
Useable
Lot Area
Village
Commercial District
Waste
Reduction
Wastewater Management
Well Performance
Wellhead Protection
Wetlands
For
Further Information
Publications
ANJEC,
Acting Locally: Municipal Tools for Environmental Protection,
2002, 148 pages, $10 plus postage and handling. Order on
line or by mail.
ANJEC,
Sample Ordinances for Protecting Significant Coastal Habitats,
1998, 28 pages, $2.50 plus postage and handling. Order on
line or by mail.
Links
Laws
- Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq
-
Open Public Meetings Act, N.J.S.A. 10:4-7 et seq
- Ordinance
process, N.J.S.A. 40:49-2
All
available at www.njleg.state.us.
MLUL available in Resources Section at www.nj.gov/dca/osg
[1] Boards of health can enact ordinances
dealing with air and water pollution, hazardous substances, solid
waste, and noise.
[2]
The New Jersey
Municipal Land Use Law sets the standards for the contents
of the zoning (N.J.S.A. 40:55D-62, 63,64,65,66,67,68), subdivision
and site plan ordinances (N.J.S.A. 40:55D-38, 39,40,41,42,43).
Its a good idea to review these sections of the law as a
first step.
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