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Plan Conformace
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Highlands Council Planning Grants, Smart Growth Grants and Technical Aid
The Highlands Council is authorized to provide grants for the reasonable expenses associated with preparing conforming master plans and land use ordinances. Additionally, the Act provides automatic qualification for the State aid, planning assistance and technical assistance for smart growth projects offered by the Office of Smart Growth.
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State Plan Endorsement
When the State Planning Commission endorses the Regional Master Plan adopted by the Highlands Council, any municipal master plan and development regulations approved by the Council are deemed the equivalent of having those plans endorsed by the State Planning Commission.
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The Legal Shield and Legal Representation
The Highlands Act provides a “strong presumption of validity” to master plans, land use ordinances and local decisions of municipalities and counties made in conformance with the Regional Master Plan to be adopted by the Highlands Council. This enhanced presumption of validity is one of the strongest levels of legal protection available in the State. The Act also provides an opportunity for direct legal representation where needed.
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COAH, DEP, interagency coordination and assistance
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Tax Stabilization Funding
The Act also creates a Tax Stabilization Board which will determine the compensation amount due to qualified municipalities for the decline in the aggregate true value of vacant land caused by the Highlands Act.
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Enforcement of the Regional Master Plan
The Act authorizes the Highlands Council to take enforcement action for any violation of the Regional Master Plan in the Preservation Area or in the Planning Area where municipalities or counties have come into conformance with the Regional Master Plan.
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Transfer of Development Rights, Impact Fees and Enhanced Planning Grants
The Act also requires the Council to establish a voluntary TDR program and offers financial incentives to municipalities for creating receiving zones. These incentives include enhanced planning grants up to $250,000, reimbursement for costs of amending local ordinances, authority for the use of impact fees up to $15,000 per unit, and priority status for state infrastructure spending.
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Priority for Green Acres and Farmland Funding
The Highlands Act provides priority funding opportunities under Green Acres and State Farmland Preservation for land within the Preservation Area and for those municipalities in the Planning Area that have adopted transfer of development rights ordinances.
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Model Land Use Ordinances and Technical Guidance
The Highlands Council is developing model land use ordinances and development regulations. In addition, the Council will provide technical assistance in environmental science, planning, and GIS services to assist with municipal and county conformance.
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