Mobilizing the Region
Issue 166March 20, 1998



Sidewalk Standards Upheld


The New Jersey Appeals Court upheld a statewide regulation that mandates that sidewalks be provided in new residential developments if within a half mile radius from school bus routes, train stations, and activity centers. The Tri-State Transportation Campaign and NJPIRG Citizen Lobby fought for these sidewalk connectivity standards (see MTR #40) when the state Department of Community Affairs' technical board adopted the regulations. The advocates then convinced DCA Commissioner Harriet Derman to go further and require that the standards be extended to rural areas and within 2 miles of schools.

Tri-State cited an FHWA report that showed that the presence of sidewalks significantly increased pedestrian safety. The standards were challenged by the League of Municipalities and some towns, including car-dependent Plainsboro, as a usurpation of municipal zoning authority. However, the Appellate Division found the FHWA report's safety standards to supercede the municipal zoning authority. The court found that DCA Commissioner Harriet Derman correctly adopted the FHWA approach.





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