New Jersey County Planning Act

N.J.S.A. 40:27-1 et seq.

APA-NJ Professional Planners Review Course

Saturday, April 8, 2017
County Planning Act

 Laws of 1935, Chapter 251 with major

revision in 1968; amended in 2010 & 2014
 A Board of Chosen Freeholders MAY create
a County Planning Board
 Freeholders must follow statute if creating a
Planning Board

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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
 A Freeholder appointed by the Director
 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

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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 (1)
 Terms of alternate members expire with the
end of term of their corresponding regular
planning board members

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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.

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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.
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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.
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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 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.

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Official Map: Creation & Changes
N.J.S.A. 40:27-5
 After advice of the county planning 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.

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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

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Authority over Subdivisions
N.J.S.A 40:27-6.2
Ifthere 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 of subdivisions 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

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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

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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.

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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.

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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 planning
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 planning board failed to take action
within 30 days, then County Planning Board
Secretary shall attest so on plat.

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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.

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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 off-
street 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.
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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.

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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.

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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
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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 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.

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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 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

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 QUESTIONS?

Christine Marion, PP, AICP

Planning Director
Morris County
Division of Planning & Preservation
cmarion@co.morris.nj.us
973-829-8148

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