MODEL # 98-16

RESIDENTIAL SITE IMPROVEMENT STANDARDS
STATE OF NEW JERSEY
EXECUTIVE SUMMARY

Jurisdiction Statistics:

• Population: 8.05 million
• Size (square miles): 8,204
• Dollar Amount of Construction Per Year: $9.1 billion
• % Construction:

Regulatory Areas:

• Zoning & Land Use for Single-Family and Multi-Family Housing

PROBLEM:

Redundant Municipal Residential Technical Standards

The State of New Jersey's Division of Codes & Standards wanted to eliminate multiplicity of municipal standards for streets, parking, water supply, sanitary sewers, and stormwater management improvements in connection with residential development. The Department also needed to curtail "goldplating" of improvements.

SOLUTION:

Uniform Statewide Standards

The Department established the New Jersey Residential Site Improvement Standards program to create statewide standards that eliminate the need for developers to deal with different standards in different municipalities. The program also eliminates unnecessary costs of municipal standards that might have required more than would be deemed necessary based on sound engineering practices.

DESCRIPTION:

The program replaces the various municipal technical standards in New Jersey with a uniform set of statewide standards for residential site improvements (i.e., roads, streets, parking facilities, sidewalks, drainage structures, grading, and utilities). The standards were developed by a state advisory group in cooperation with various state agencies and using a model ordinance developed by Rutgers University. In 1993, Site Standards enabling legislation was enacted that directed the Site Improvement Advisory Board and the New Jersey Department of Community Affairs to develop standards for residential development. The standards became effective in June 1997. The Department of Community Affairs is responsible for providing training to local officials and design officials on the new standards.

The standards are intended to limit unnecessary costs and improve the predictability of the regulatory process for residential development by establishing statewide standards. The standards provide the minimum as well as maximum rules for residential site improvements that must be met by all applicants for subdivision or site plan approval that is brought before a local Planning Board or Zoning Board of Adjustment. Local jurisdictions can approve minor exceptions to the standards. In addition, the local municipal board can apply for a waiver to the New Jersey Department of Community Affairs.

The standards do not preempt municipal standards that control the use, height, bulk, intensity, or character of development. The standards are also performance based. In addition, the standards were field tested in nine actual development projects.

EVALUATION BY STREAMLINING COMMITTEES:

Advantages

• Eliminates unnecessary costs of municipal standards that might have required more stringent site standards than what is required through a statewide standard;
• Creates statewide standards, thereby eliminating the need for developers to deal with different standards in different municipalities;
• Very thorough development of standards by state advisory board, Rutgers University, and other state agencies;
• Ensures predictability;
• Appeals process is reasonable and well thought out;
• Performance-based and tied to a particular jurisdiction;
• Clear presentation.

Drawbacks

• Staff time and cost to provide training on standards;
• Does not allow standards to be used in mixed-use developments;
• Not all states are structured to have authority to adopt such standards.

The Streamlining Committees designated this program as a streamlined model without modifications.

IMPLEMENTATION:

This program was made possible through adoption of rules as part of the New Jersey Administrative Code. Enabling legislation was necessary to give the Department of Community Affairs the power to create these standards.

FOR MORE INFORMATION OR ASSISTANCE IN CONSIDERING THE USE OF THIS MODEL, PLEASE CONTACT:

Cynthia A. Wilk, Assistant Director, OR
Amy Fenwick Frank, Section Chief
Division of Codes & Standards
New Jersey Department of Community Affairs
CN 802, 101 South Broad Street
Trenton, NJ 08625
Phone: (609) 292-7899
FAX: (609) 633-6729

Or NCSBCS STAFF:
Carolyn Fitch
National Conference of States on Building Codes and Standards
505 Huntmar Park Drive, Suite 210
Herndon, VA 20170
Phone: (703) 437-0100
FAX:    (703) 481-3596
Email: cfitch@ncsbcs.org