Highlands Regional Master Plan

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1 Township of Montville Morris County, NJ Highlands Regional Master Plan prepared by Burgis Associates

2 New Jersey Highlands Region 859,358 ac. Of that: Pl. Area Pres. Area 444,394 ac. 414,965 ac. Includes: 7 counties 88 mun.

3 Pres. & Planning Area Region broken into Pres. Area Pl. Area Both 5 mun. 36 mun. 47 mun. Montville has land in both. Pres. Area Pl. Area 28% 72%

4 Water Supplies of the Highlands Region Highlands is 17% of State s Land Base. Supplies 64% of the State s drinking water Supplies for 5.4 million residents. Public water supply service includes northern New Jersey and portions of Middlesex, Mercer, Burlington, Camden and Gloucester Counties. Needs met through withdrawals from groundwater wells tapping local aquifers.

5 Highlands Act On August 10, 2004 Highlands Water Protection & Planning Act adopted. The Act required preparation of a Regional Master Plan that provides a set of guidelines on how to maintain and enhance the natural resources and promote sustainable growth within the region. The Regional Master Plan (RMP) was adopted on July 17, 2008.

6 Land Use Capability Maps The Act required preparation of Land Use Capability Maps. These include: 1. Water Availability Map. 2. Public Community Water Systems Map. 3. Domestic Sewerage Facilities Map. 4. Septic System Yield Map.

7 Pl. & Pres. Areas divided into three primary zones: Protection Zone (PZ)- high resource value lands; land acquisition priority. Conservation Zone (CZ)- significant agricultural lands; non-agricultural development activities limited. Existing Community Zone (ECZ)- existing communities with existing infrastructure.

8 Four subzones: Protection Zone-Wildlife Management Sub-Zone (PZ-WM) WM)- network of lands & waters for conservation, management & restoration. Conservation Zone-Environmental Constrained Sub- Zone (CZ-EC) EC)- significant environmental features within CZ; should be preserved. Existing Community Zone-Environmental Constrained Sub-Zone (ECZ-EC) EC)- significant environmental features within ECZ; protected from fragmentation. Existing Community Zone-Lake Community Sub- Zone (LCZ)- existing community around lakes; prevent degradation of water quality.

9 Plan Conformance Conformance is mandatory for lands in Preservation Area and voluntary for lands in the Planning Area. Municipalities with lands in the Preservation Area have until December 8, 2009 to petition for Plan Conformance. This includes completion of the seven modules. Municipalities with lands in Planning Area can opt into conformance with Regional Master Plan at any time.

10 Township of Montville Located in both Planning and Preservation Area. Pres. Area Pl. Area 3,440 acres 8,793 acres

11 Land Use Capability Zone Map

12 Highlands Open Waters Map

13 Highlands Vernal Pool Map

14 Preserved Lands Map

15 Net Water Availability by HUC14 Map

16 Wellhead Protection Area Map

17 Prime Groundwater Recharge Areas

18 TO OPT IN OR NOT??

19 General Issues Conformance Strong presumption of validity. Legal Representation by Highlands. Planning grants to update documents. Tax stabilization funds. State Plan Endorsement. Opt in/opt out anytime. Non-Conformance Less deference to local decisions. Legal Representation on its own. Fund its own planning program updates. No access to tax stabilization. Seek State Plan Endorsement. Opt in/opt out anytime.

20 Affordable Housing Obligation Conformance Deadline June 8, Non-Conformance Deadline June 8, Obligation = 84 units ( ). 2018). Obligation = 316 units ( ). 2018). Participate (voluntary) as sending or receiving mun. Twp to address its own obligation. Can transfer up to 50% of its obligation. No sending of units to other municipalities.

21 Actual Growth ( ) 2008) Res. Units = 163 units. Non Res. Jobs = 481 jobs.

22 Municipal Build Out Conformance Non-Conformance Highlands Build Out (complete build out from 2009) Morris County Build-Out (complete build out from 2009) Res. Units = 92 Res. Units = 562 Non Res. Jobs = 43 Non Res. Jobs = 2,500

23 Municipal Build Out (Cont d...) Per Highlands Per County Comments on Build Out Comments on Build Out Does not include approved but not yet built projects, exempt developments, potential redevelopments or TDR. _ Sewered area potential based on zoning, while septic based on RMP s standards. Does not include all approved but not yet built projects, or potential redevelopments. Both sewered and septic areas potential based on zoning.

24 Municipal Build Out (Cont d...) Per Highlands Per County Comments on Build Out Env.. constraints include open waters & buffers, steep slopes, flood prone areas. Comments on Build Out Env.. constraints include wetlands, steep slopes, riparian areas & buffers.

25 Impacts on Planning Program Conformance Non-Conformance Amendments Required: > Update NRI. > Update Master Plan. Twp only req to update its planning program as per MLUL. > Twp currently updating its master plan. > New plans to be included such as Water Use & Conservation Management, Critical Habitat Restoration. > Update land use regs. > Update stormwater management regs.

26 Impacts on Planning Program (Cont d...) Conformance Non-Conformance Examples of major regulatory changes: > 300 ft buffer for open waters. > 1,000 ft buffer for DEP- certified vernal pools. Current regulations: > 0, 150 or 300 ft buffer for streams & 0, 50 or 150 ft buffer for wetlands. > 0, 150 or 300 ft buffer around vernal pools. > Disturbance prohibited on slopes 20% or more, slopes 15-20% forested & slopes 10% or more in riparian areas. > Disturbance limited to 50% on slopes 15%-20% to 33% on slopes 20-25%, 25%, & 0% on slopes 25% or more.

27 Impacts on Planning Program (Cont d...) Conformance Non-Conformance > Prohibition of utility extensions in PZ, CZ, ECZ- EC. > Extension of utilities per Wastewater Management Plan. > Prohibition of uses identified as major potential contaminant sources in Prime Groundwater Recharge Areas. > Uses permitted/prohibited as per local zoning.

28 Impacts on Planning Program (Cont d...) Conformance Non-Conformance > Prohibition of uses identified as potential source of pathogens in Tier 1 Wellhead Protection Area. > Prohibition of uses identified as major potential contaminant source in Tier 2 Wellhead Protection Area. > Uses permitted/prohibited as per local zoning. > Uses permitted/prohibited as per local zoning.

29 Regulatory Control Conformance Non-Conformance Maintain plans & ordinances per RMP. Not subject to Highlands approval. Must gain approval from Highlands Council prior to adoption of any ordinances or plans. Not subject to Highlands approval. Density variances must be approved locally and also be authorized by Highlands Council. Variances granted by respective boards as per MLUL.

30 Regulatory Control (Cont d...) Conformance Non-Conformance Must get approval for certain types of applications, including properties within: Not subject to Highlands approval. > Special Environmental Zone. > Critical Habitat Areas. > Historic or Scenic Resource Areas. > New or extended utilities.

31 Regulatory Control (Cont d...) Conformance Non-Conformance Decisions subject to call up and subsequent review by Highlands Council. Not subject to Highlands approval.

32 Additional Regulatory Controls Exemptions: > Single family dwellings; provided it does not result in disturbance of 1 acre or increase in imperv. cov.. by ¼ acre or more. > Additions to single family dwelling. > Developments with prior (03/29/04) municipal & DEP approvals. > Reconstruction of bldgs within 125% of footprint (limit increase in imperv. cov.. to ¼ ac.). > Improvements to places of worship, schools & hospitals. Waivers from NJDEP permits to allow redevelopment of brownfield sites and areas with at least 70% imperv.. surface that have been designated by the Highlands Council.

33 Transfer of Development Rights Conformance Non-Conformance Voluntary participation in TDR program. If participating, lands in PZ, & CZ eligible to serve as sending zones. May participate only as receiving zone May not seek sending zone designation. Montville has 4,428 acres. If participating, lands in ECZ or Highlands Redevelopment Areas eligible to serve as receiving zones. May seek receiving zone designation upon approval by Highlands and provided Twp seeks Plan Endorsement.

34 Potential Voluntary TDR Receiving Zones

35 Deliverables by 12/08/09 Preservation Area: Cover letter identifying petition. Adopted resolution. Checklist. Public meeting records for Mod #3 thru #6. Plan Conformance documents in draft. List of current planning and zoning documents. Municipal Self Assessment Report. Implementation Plan and Schedule - Timeline. RMP updates & Map Adjustments (optional).

36 Deliverables by 12/08/09 Pres. & Planning Area: Cover letter identifying petition. Resolution for Pres. Area, Ordinance for Pl. Area (or for an option of later date, a certified resolution petitioning to Highlands Council for a determination of Plan Conformance). Checklist. Public meeting records for Mod #3 thru #6. Plan Conformance documents in draft. List of current planning and zoning documents. Municipal Self Assessment Report. Implementation Plan and Schedule Timeline. RMP Updates and Map Adjustments (Optional).

37 THANK YOU