New Law Authorizes Municipalities to "Go Green"

New Law Authorizes Municipalities to "Go Green"

By Thomas Hoff Prol

On August 5, 2008, Governor Corzine signed into law A-1559/S-1788 (Greenstein, DeAngelo, Gusciora, Rodriquez/ Singer, Smith) which authorizes a municipal planning board to adopt a green building and environmental sustainability element in the municipality’s master plan. The law also permits each New Jersey municipality to “go green” by considering in their respective master plans and future planning the impact of buildings on the local, regional and global environment; allowing natural functioning of ecosystems; conserving and reusing water; treating stormwater on-site; and optimizing climatic conditions on-site through orientation and design planning techniques.

The law allows a municipal planning board to consider the environmental impacts of future zoning decisions when drafting or revising the municipal master plan. The new law provides New Jersey municipal planning boards with power to consider renewable energy resources and to include green buildings standards that mitigate environmental impacts in their planning decisions. Among other things, a planning board is able to take into account the effect that future development might have on the local and global environment, and encourage water and land conservation on the municipal level. However, the new law does not modify or supersede the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq. or the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1 et seq.

The master plan is a guiding document mandated by N.J.S. 40:55D-28 et seq. which outlines the municipality’s general physical, environmental, social and economic objectives. As part of the Municipal Land Use Law, N.J.S. 40:55D-1 et seq. it serves as a design template for future conservation, preservation and development within a municipality and is required by state law to be amended every seven (7) years. The master plan is now permitted to consider sixteen (16) various elements, two of which are mandatory for all municipalities and the remaining fourteen of which are to be included “if appropriate.” Municipalities impacted by the Highlands Water Protection and Planning Act, N.J.S. 13:20-1 et seq., are required to include an additional statement addressing proposed development in the municipality’s master plan as it relates to the Highlands regional master plan at N.J.S. 13:20-8.

The law was introduced by Senator Smith (D-17), “so that future generations of New Jerseyans can enjoy the natural beauty of the Garden State [by] giving municipal planners the authority to consider environmental impact, and promote cleaner, greener technology…[and] environmentally-friendly development around the State."

This Scarinci Hollenbeck Client Alert has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.

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