What is a Master Plan?
The Master Plan is comprised of a report or statement of land use and development proposals with maps, diagrams, and text which must contain, at a minimum, two elements: (1) a statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based and (2) a “land use element”. N.J.S.A. 40:55D-28. The land use element must state its relationship to the principles in the first element, to optional elements incorporated into the master plan and to natural conditions in the municipality. It must show existing and proposed development and state the relationship of this development to existing and proposed zone plans and ordinances. It must also include a statement of the standards of population density and development intensity recommended for the municipality.
In 2017, the law was amended to also require a statement of strategy concerning smart growth, including consideration of potential locations for the installation of electric vehicle charging stations; storm resiliency with respect to energy supply, flood-prone areas, and environmental infrastructure; and environmental sustainability.
In 2021, the law was amended to require that the land use element include a climate change-related hazard vulnerability assessment. The climate change-related hazard vulnerability assessment must analyze current and future threats to, and vulnerabilities of, the municipality associated with climate change-related natural hazards; a build-out analysis of future development; critical facilities, utilities, roadways and other infrastructure that is necessary for evacuation purposes and for sustaining quality of life during a natural disaster; an analysis of the potential impact of natural hazards on relevant components and elements of the Master Plan; strategies and design standards that may be implemented to reduce or avoid risks associated with natural hazards; policy statements as to consistency, coordination, and integration of the climate-change related hazard vulnerability assessment with any existing or proposed natural hazard mitigation plan, floodplain management plan, comprehensive emergency management plan, emergency response plan, post-disaster recovery plan, or capital improvement plan.
In layperson’s terms, the Master Plan is a policy document that lays out the vision for the municipality. While the statute requires two elements, described above, there is a third requirement which is a housing plan element. Although technically optional, the municipality may not pass a zoning ordinance until the housing plan element of the Master Plan has been adopted. A housing plan element is also generally required where the municipality has participated in an affordable housing settlement.
The Master Plan should be routinely reviewed and updated. In fact, a municipality must conduct a Master Plan Re-Examination at least once every ten (10) years pursuant to N.J.S.A. 40:55D-89. The Master Plan Re-Examination or MPRE must include the following:
- Major problems and objectives relating to land development in the municipality at the time of the adoption of the last re-examination report;
- Extent to which such problems and objectives have been reduced or have increased since the last re-examination report;
- Extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the Master Plan or zoning ordinance, with particular regard to the density and distribution of population and land uses; housing conditions; circulation; conservation of natural resources; energy conservation; collection, disposition and recycling of designated recyclable materials; and changes in State, county and municipal policies and objectives;
- Specific changes recommended for the master plan or zoning ordinance, if any;
- Recommendations to the planning board concerning the incorporation of redevelopment plans adopted pursuant to the Local Redevelopment and Housing Law into the land use element of the municipal
If you are seeking variance relief before a municipality, it is important to be familiar with the municipality’s Master Plan because one aspect of proving an entitlement to variance relief is demonstrating that the proposal will not result in substantial impairment of the Master Plan or zoning ordinance. As such, it is important to be aware of the contents of the Master Plan, particularly as it could provide additional guidance as to the types of developments that are encouraged in a specific zone.
If you need assistance reviewing a Master Plan or better understanding how your application might be impacted by the municipality’s Master Plan, please contact us.
