Table of Contents

Capital Improvements Programming

These statutes authorize planning boards to prepare a six-year capital improvements program (§40:55D-29). They require all CIPs to include an estimate of the displacement of residents for each recommended project.

Planning and Zoning Enabling Laws

New Jersey requires some counties, boroughs, cities, towns, villages, and townships to prepare comprehensive plans. And it authorizes counties, boroughs, cities, towns, villages, and townships to adopt zoning regulations.

Transfer of Development Rights

These statutes include the "State Transfer of Development Rights Act" (§§40:55D-137–163). This act authorizes all municipalities to establish and implement TDR programs for the protection of the environment, natural resources, and agriculture. It requires municipalities to complete five steps prior to implementation: adopt a development transfer plan element to the master plan; adopt a capital improvement program; adopt a utility service plan element to the master plan; prepare a real estate market analysis; and receive the endorsement from the State Planning Commission on either the initial petition or an amendment to a previously approved petition. It designates the Office of Smart Growth to provide technical assistance, and goes into great detail as to program execution.