170 Longview Road, Far Hills, NJ 07931 Ph 908.234.1225 fax 908.234.1189
ALERT!
Your Water is at Stake!
Your Participation is Needed!
Highlands Council Public Hearing
Thursday, February 22, 5:00 pm
Public Safety Academy, Passaic County Community College
300 Oldham Road, Wayne, NJ
No pre-registration required.
Protect our water - help put a strong Highlands Regional Master Plan in place!
The adoption of the NJ Highlands Water Protection and Planning Act in 2004 was an historic effort to save New Jersey’s endangered water supply from the impacts of inappropriate land uses. The Draft Highlands Regional Master Plan will implement the Act.
Please attend this public hearing on the Draft Regional Master Plan. Your support of a strong RMP will help ensure that the final Plan protects our WATER and other significant Highlands resources! Questions or RSVP to:
Julia Somers julia@njconservation.org or Wilma Frey wilma@njconservation.org
A strong Highlands Regional Master Plan is in the best interest of New Jersey’s families, economy, environment and the FUTURE. Members of the New Jersey Highlands Coalition have reviewed the plan and believe it is off to a good start, though it must be strengthened. A strong Highlands Plan will help ensure protection of the State’s water supply both for those who live in the Highlands, and those who live outside it. It will help preserve a special place with a high quality of life, excellent farmland that can provide healthy food close to consumers, forests that are home to diverse wildlife, bounteous recreation opportunities, a growing ecotourism economy, a cultural landscape rich with historic sites and structures, and outstanding scenic beauty. Public support for a strong and protective final Plan is crucial.
Raise Plan issues of concern to you and your community at the hearings!
If you cannot attend, please see below for how to submit comments in writing.
WHAT IS AT STAKE IN THE NEW JERSEY HIGHLANDS?
Water - The Highlands supplies 65% of the State’s drinking water to 5.4 million New Jerseyans in 16 counties. Highlands residents in Bergen, Passaic, Morris, Sussex, Warren, Hunterdon and Somerset counties generally rely on groundwater from private or public wells. Municipalities outside the Highlands in Bergen, Essex, Hudson, Mercer, Middlesex, Passaic, Somerset, and Union counties rely on the Highlands for 100% to 25% of their water. Even Monmouth, Burlington, Camden, and Gloucester counties utilize some Highlands water. (Draft RMP) Economy – New Jersey’s three largest industries – food processing, tourism and pharmaceuticals – are all water dependent, and require clean Highlands water. Forests – the best protection for water supply and quality; forest fragmentation threatens critical interior forest habitat Wildlife/Biodiversity – 72 wildlife species and 135 plant species that are rare, threatened, or endangered make their home in the Highlands, including some that are federally listed Farmland – 3/4 of the region’s agricultural land – over 80,000 acres – is not preserved Historic, archaeological and cultural resources Recreational opportunities and eco/agritourism potential Scenic ridges, viewsheds, and corridors A “landscape of national significance” (1992 USDA Forest Service)
WHAT DOES THE DRAFT REGIONAL MASTER PLAN PROPOSE?
The Land Use Capability Map depicts three “Overlay Zone Designations” for the region, which apply in both the Preservation Area and the Planning Area delineated by the Highlands Act, and are the basis for implementing the RMP. These are: the Protection Zone, the Conservation Zone and the Planned Community/Specially Planned Areas Zone. Limitations on development are proposed for all of the zones, with zone specific standards based on resource concerns described in the text’s written policies, beginning on page 51.
The Protection Zone (green) was based on the presence of intact forests, good watershed characteristics, good quality riparian corridors, prime recharge areas, open water, critical habitats and steep slopes. The Conservation Zone (brown) was based on the presence of agriculture and important farmland soils and a rural low-density residential pattern. The Planned Community Zone/Specially Planned Areas (purple) were determined by development intensity and density, the presence of water and sewer utilities, population density, impervious cover greater than 30%, commercial/industrial land use and transit hubs within .5 and 1 mile. Not all indicators are present at all locations in a zone.
WHAT ARE SOME POSITIVE ELEMENTS OF THE DRAFT PLAN?
Allocates nearly 2/3 (65%, 557,000+ Acres) of the Highlands to the ‘Protection Zone,’ which should be permanently preserved or with very strict limitations on any new development. The Protection Zone spans both the Preservation Area (64%) and the Planning Area (36%), confirming that both contain resources that merit strong protections. Protects contiguous forests and critical habitat as strong indicators of high water quality and quantity. Includes excellent ecosystem management components: scientific assessment of forest integrity, prohibitions on clearing of forest vegetation, 300’ riparian buffers in the Preservation Area and many in the Planning Area, prohibitions on land modification in critical habitat and ecological communities, and 1000’ buffers for vernal ponds. Recognizes most of Highlands water as in deficit or polluted – therefore needing strong protections. Provides municipalities that “opt in” to the RMP beneficial incentives including grants, planning assistance and a “legal shield” against developer lawsuits.
WHERE COULD THE RMP BE IMPROVED?
RMP needs a water availability analysis, updated water supply data, build-out, and capacity (including septic/sewer) analyses. RMP should identify ‘no build’ zones as required by the Highlands Act. RMP should strengthen provisions to enhance and restore impaired waters and riparian sites. In the Conservation (agricultural) Zone, instead of requiring clustering of residential development, the RMP should prohibit non-farm development; strongly protect prime agricultural soils; regulate all sources of nitrates, including agricultural pollution; safeguard grassland species; protect historic, cultural, and scenic values. The Transfer of Development Rights (TDR) program should require that Highlands municipalities conform to the RMP as a requirement for “receiving area” designation, and the program should function through the free market. RMP should map and recognize the following constraints: karst limestone; historic and present mine locations; updated, advanced wellhead protection areas; and known contaminated areas.
IS CONFORMANCE WITH THE REGIONAL MASTER PLAN MANDATORY?
In the Preservation Area established by the Highlands Act the RMP is mandatory, but in the Planning Area, RMP recommendations are voluntary and municipalities are encouraged to “opt in;” that is, conform their master plan, zoning and ordinances to the RMP. Benefits, including planning grants and a “legal shield” against developer lawsuits, will accrue to municipalities that opt in. Model ordinances will be prepared by the Council to assist municipalities in conforming to the RMP.
Municipalities that opt-in will not be required to participate in the State Plan Endorsement process. Municipalities that do not opt in will be required to do so, and if they also have land in the Preservation Area, they will need to participate in both processes. COAH (Council on Affordable Housing) has made State Plan Endorsement a requirement for substantive certification (which protects against “builder’s remedy” lawsuits). Highlands RMP Conformance will be considered equal to State Plan Endorsement and therefore also satisfies the COAH requirement
IS THE HIGHLANDS ACT A “TAKING?”
No. Court cases at many levels have established the right of governments to regulate property for the common good, even if doing so lowers value. A “taking” legally occurs when ALL economic value is removed from a property, or when the property itself is transferred from the owner to another entity, as occurs in eminent domain. The Highlands Act ensured through exemptions that all land in the region retains some development rights (one unit per vacant pre-Act lot). Our estimate is that there are approximately 24,000-25,000 of these vacant lots throughout the Highlands. (See below) In addition, the Act gives those who wish to sell their property to the state’s Green Acres or farmland preservation programs the right to appraisals for both pre-Act and post-Act values, and the right to choose the higher as a basis for negotiations. Finally, the transferable development rights program being developed by the Highlands Council will provide landowners with liquid credits that can be held, sold or borrowed against.
ARE THERE EXEMPTIONS FROM HIGHLANDS ACT RESTRICTIONS?
Yes. Mandatory Highlands Act restrictions only apply in the Preservation Area delineated by the Act.
Section 30 of the Highlands Act describes 17 separate exemptions. Exemptions include:
Agriculture: Foremost among the Highlands Act provisions addressing agriculture is the legislative directive that the Highlands Act not compromise the NJ Right to Farm Act. In addition, to further ensure that agriculture in the Highlands Region may continue to grow, the Highland Act excludes agricultural use and agricultural development from regulation by the DEP. Forest Management: Section 30.a.(7) An Activity conducted in accordance with an approved woodland management plan ... or the normal harvesting of forest products in accordance with a forest management plan approved by the State Forester. Homeowner Exemptions: Section 30.a.(1) the construction of a single family dwelling for an individual's own use or the use of an immediate family member, on a lot owned by the individual on August 10, 2004 (the date of enactment) or on a lot for which the individual has on or before May 17, 2004 entered into a binding contract of sale to purchase that lot;
30.a.(2) The construction of a single family dwelling on a lot in existence on August 10, 2004, provided that the construction does not result in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by one-quarter acre or more;
30.a.(5) Any improvement to a single family dwelling existence on August 10, 2004, including but not limited to an addition, garage, shed, driveway, porch, deck, patio, swimming pool, or septic system; and
30.a.(4) The reconstruction of any building or structure for any reason within 125% of the footprint of the lawfully existing impervious surfaces on the site, provided that the reconstruction does not increase the lawfully existing impervious surface by one-quarter acre or more. This exemption shall not apply to the reconstruction of any agricultural or horticultural building or structure for a non-agricultural or non-horticultural use.
The Act exempts all the above categories from the provisions of the Act, the regional master plan, and any rules or regulations adopted by the DEP pursuant to the Highlands Act, or any amendments to a local master plan or ordinance adopted by a local government to specifically conform them with the regional master plan.
HOWEVER, other prior or separate state regulations still apply, such as Freshwater Wetlands, Stormwater, Wastewater, Water Quality or Stream Encroachment rules, as well as local municipal ordinances.
HOW ARE HIGHLANDS WATER SUPPLY AND QUALITY THREATENED?
As development occurs on some 3,000 acres of the Highlands every year, replacing water-purifying forests and farmland with impervious surfaces – roofs, roads, parking lots, swimming pools, even lawns – water no longer makes its way into the underground aquifers that supply wells and replenish stream flows during droughts. Long-term monitoring has recorded groundwater level declines of 5 to 15 feet during drought conditions over the last decade, with declines of as much as 25 to 30 feet in the past 35 years in the Whippany River Basin, as withdrawals exceed the natural recharge rate of the aquifer. (USFS 2002)
Excessive groundwater withdrawals can cause well interference and unacceptable depletion of streamflows. If current trends continue, groundwater withdrawals are expected to exceed sustainable yield in watersheds drained by the Ramapo, the Whippany and the Pequest Rivers, upper Delaware tributaries and Lopatcong Creek. The Rockaway and Upper Musconetcong basins could also experience similar shortages (USFS 2002) Demand for water already exceeds availability in over half of the Highlands watersheds. (Draft RMP) And demand will continue to grow as population – whether in the Highlands or its water service area – increases.
Impervious cover also increases surface water pollution and speeds runoff to streams, creating
flooding problems. The watersheds in the Highlands likely to have exceptional water quality (less than 10% impervious cover) could be reduced more than 75%. As native vegetation and forests are removed by development, water quality declines. The number of watersheds with more than 50% altered land cover could more than double in the Highlands. (USFS 2002)
HOW CAN I COMMENT IN WRITING?
Submit written comments by the new deadline of April 2, 2007. You are encouraged to leave written comments at the public hearings. You can also comment via email www.highlands.state.nj.us/njhighlands or by mail to New Jersey Highlands Council, Draft Plan Comments, 100 North Road, Chester, NJ 07930. The Council encourages comments on disk or CD as well as on paper, and requests that each comment be identified by a reference to a specific citation to the RMP Table of Contents, with the commenter’s name and affiliation following the comment. Copies of the draft RMP on disk or paper can be ordered for a charge via the Highlands Council website or by calling the Council at (908) 879-6737.
For further information:
David Epstein, President, Morris Land Conservancy, 973-541-1010 dje@morrislandconservancy.org
