Search Results for: ordinance

A number of Key Environmental Model Ordinances have been developed by the State which can be adapted / adopted by your municipality and are provided below.  Some are required such as the Stormwater Management Ordinance and Tree Protection.  In many cases municipal ordinances can be stronger than the state ordinance

To establish a local ordinance (NJAC 40:41A-101), a municipality must 1) publicly introduce and pass it as a first reading (which may be by title only), publish it at least once along with notification of its introduction and the time and place for final consideration and 2) hold a public hearing at the second reading where all persons interested can be heard. Prior to the second reading, a copy of the ordinance shall be publicly posted, and copies made available upon request. The majority of the board must then either pass (with or without amendments) or reject the ordinance.

Sample Municipal Ordinances on Key Environmental Issues are provided below as examples to ECs who are trying to draft new or amended ordinances.  Contact us at info@anjec.org for more information on additional ordinance resources.

Wastewater management is critical to protecting water resources. The ANJEC paper Septic Systems, Clean Water and Your Municipality explains the connections between development, water pollution, sanitary sewers, and septic systems.  Residents in more than 300 NJ communities use on-site septic systems. Most of them depend on wells for their water supply. Because septic systems replenish the groundwater, it is very important that they function properly and do not pollute the groundwater.

The location, design, construction, installation, repair and operation of individual septic systems in New Jersey are subject to the Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A) pursuant to the authority of the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23). These standards, by rule, integrate the elements of soils, geology and engineering, so that a relatively simple system will effectively remove disease-causing pathogens and chemical nutrients from domestic wastewater.  More information on Septic Systems can be found HERE.

  Resources:

• Primer on Septic Systems  (Rutgers)

• Septic Management Model Ordinance (NJDEP)

• Septic Systems, Clean Water and Your Municipality (ANJEC Resource Paper)

• New Jersey Wastewater Management Regulations (NJDEP)

What is Native Wildlife? 

New Jersey is home to over 1000 different species of animal wildlife. Its many different ecosystems of coastal marine areas, pine forests, upland hardwood forests, fresh and salt water marshes, as well as 1000’s of lakes and rivers provide ample habitat.  Almost 90 different species of mammals, over 400 different species of birds, at least 36 species of frogs and 43 species of reptiles and over 300 marine fish species and over 100 freshwater fish call New Jersey home.  The NJ Fish and Wildlife’s mission is to protect and manage a diverse range of game and nongame wildlife species and their habitats.  Information on how to report wildlife sightings can be found HERE.

Native wildlife including pollinator species that farmers, gardeners and all rely on need conservation and care. Providing habitat and food sources is important and can be done on the local level. The NJ State Wildlife Action Plan was revised in 2025 as a strategic and cost-effective strategy for preserving the state’s wildlife resources for the future.  The plan identifies species of greatest conservation need as well as 107 focal species that are of the highest conservation priority.  The complete plan can be downloaded HERE.

What is Native Vegetation?   

Native plants are species that grow in a region without human introduction. Only plants found in New Jersey before European settlement are considered to be native here. Native plants have established complex relationships with other native plants, insects and animals, some of which are dependent on one another to thrive. Over 2,000 different native plants have been identified in New Jersey.

Native plants, trees and shrubs help conserve and filter water, provide habitat for native wildlife, protect soil resources, and reduce the costs and environmental impacts associated with fertilizers and pesticides.  Native vegetation is needed to support the ecosystem and helps keep invasives at bay.  Replacing or adding native vegetation whenever possible is something Environmental Commissions can be advocating for in their communities.  The Native Plant Society of NJ  and Jersey Friendly Yards have many resources available about native plants.   A brochure about Native Plants can be found HERE

Non-native plants are species that have been introduced due to human activities, either intentionally or accidentally but have not existed naturally in one area. While non-native plants might not necessarily be a threat to natives, they are incapable of supporting ecosystem health in the same way.

Invasive plants are non-native species that harm native plants and the local ecosystem, both environmentally and economically. They disrupt natives’ growth and can root and spread quickly to become established in previously undisturbed natural communities.  In 2026, NJ enacted the Invasive Species Management Act to help manage invasive species – More information about Invasive Species Here.

Municipalities can require the use of native plants in landscape design for development applications, see Eatontown for their ordinance.   Additional ordinances can be found on our Sample Municipal Ordinance Page.

Why protect Trees?

While trees may be valued for their beauty, they also serve as very important green infrastructure in our landscapes and neighborhoods to help manage runoff. The tree leaf canopy as well as root system help reduce erosion caused by falling rain.   Leaves also provide surface area where rainwater lands and evaporates. Roots take up water and help create conditions in the soil that promote infiltration.

It is because of the critical role that trees play in the water cycle while helping to mitigate stormwater runoff, the NJDEP now requires all towns to have an updated tree removal and replacement ordinance as part of their MS4 permit.  A tree protection ordinance should have been adopted by May 1, 2024 for all NJ municipalities.

The model NJDEP tree protection ordinance can be downloaded HERE.  Overview of NJDEP model tree protection ordinance can be found HERE.

Other example municipal tree protection ordinances can be found on our Sample Municipal Ordinance Page.

What is the Urban and Community Forestry Program?

This program run by the NJDEP offers opportunities and innovative initiatives to assist local governments statewide in their efforts to establish and grow local, self-sustaining urban and community forestry programs.  The Urban & Community Forestry programs ensure more livable communities through the care and management of trees. Neglect and urban stress limit the life span of the average downtown tree to only ten years. With proper care, trees live longer, look better, and increase in value as they age.

What is the NJ Community Forestry Council?

The NJ Community Forestry Council advises the State Forester, the Division of Parks and Forestry and the NJDEP to provides advice, assistance, and recommendations to to promote, support and advance healthy, safe and sustainable urban and community forests in New Jersey.

Resources:

• Soak up the Rain: Trees Help Reduce Runoff – USEPA
• NJ Tree Foundation – website
• Benefits of Trees and Vegetation – USEPA
• Life Saving Benefits of Street Trees – CNU Journel

The environmental commission has both the legal authority and the responsibility for taking part in the site plan review process.  The enabling legislation states that an environmental commission has responsibility for “the protection, development or use of natural resources, including water resources, located within its territorial limits” and if a municipality has an Environmental Resource Inventory (ERI) or Natural Resource Inventory (NRI)  then a copy of every application for development must be submitted to the EC for review.  In addition, the Municipal Land Use Law requires that a member of the environmental commission be a member of the planning board.

What is required in a Site Plan Review?

An ordinance requiring site plan review and approval shall require that a developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.

If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval either within 45 days or 95 days of a completed application depending on the size of the development.

Resources:

• Site Plan/ Subdivision Review – ANJEC Resource Paper
• Site Plan Review Checklist – ANJEC
• ANJEC Commissioners handbook – Contains information on Site plan review
• Links to the Site Plan review trainings on @ANJECViews:
  • 2023 Course
  • 2022 Course