WHEREAS, in the County of Somerset 1,009 acres are in the Preservation Area and 46,546 acres are in the Planning Area; and

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1 WHEREAS, the New Jersey Highls Region (Highls Region) is an area of over 859,358 acres that consists of 88 municipalities in parts of seven counties Bergen, Hunterdon, Morris, Somerset, Somerset, Sussex Warren; WHEREAS, the New Jersey Legislature found that the Highls Region is an essential source of drinking water, providing clean plentiful drinking water for one-half of the population of the State of New Jersey, also contains other exceptional natural resources such as clean air, contiguous forest ls, agricultural ls, wetls, pristine watersheds, habitat for fauna flora, as well as sites of historic significance recreational opportunities; WHEREAS, the Legislature found that the Highls Region also provides a desirable quality of life place where people live work, that it is important to ensure the economic viability of Highls communities that residential, commercial, industrial development, redevelopment, economic growth in certain appropriate areas of the Highls are also in the best interests of all the citizens of the State, providing innumerable social, cultural, economic benefits opportunities; WHEREAS, the Legislature found that the Highls Region contains agricultural ls in active production that these ls are important resources of the State that should be preserved, that the agricultural industry in the Region is a vital component of the economy, welfare, cultural lscape of the Garden State that maintenance of agricultural production a positive agricultural business climate should be encouraged to the maximum extent possible; WHEREAS, the Legislature found that the pace of development in the Highls Region has dramatically increased, that the Region, because of its proximity to rapidly exping suburban areas, is at serious risk of being fragmented consumed by unplanned development that the existing l use environmental regulation system cannot protect the water natural resources of the Highls against the environmental impacts of sprawl development; WHEREAS, deeming protection of the Highls Region an issue of State level importance, the Legislature enacted the Highls Water Protection Planning Act, N.J.S.A. 13:20-1 et seq. (Highls Act), to establish a regional approach to l use planning for the Highls Region to replace the uncoordinated l use decisions of 88 municipalities, seven counties a myriad of private lowners; WHEREAS, the Highls Act delineates two areas in the Highls Region: a Preservation Area, containing approximately 415,000 acres, a Planning Area, containing approximately 445,000 acres; WHEREAS, the Legislature created a public body corporate politic with corporate succession known as the Highls Water Protection Planning Council (Highls Council) to advance a new regional approach to l use planning to prepare a Regional Master Plan to protect enhance the significant values of the Highls resources throughout the entire Highls Region; ~ 1 ~

2 WHEREAS, the Preservation Area is an area with exceptional natural resource value that should be subject to stringent water natural resource protection stards, policies, planning regulation; WHEREAS, the Planning Area is the area outside of the Preservation Area that should likewise be part of a comprehensive planning approach that serves to protect the water other significant resources of the entire Highls Region while also accommodating appropriate patterns of development, redevelopment economic growth; WHEREAS, the Legislature found that such a new regional approach to l use planning shall be complemented by increased stards more protective of the environment established by the New Jersey Department of Environmental Protection (NJDEP) for development in the Preservation Area of the Highls; WHEREAS, the Legislature found that this comprehensive approach should be guided, in heart, mind, spirit, by an abiding generously given commitment to protecting the incomparable water resources natural beauty of the New Jersey Highls so as to preserve them intact, in trust, forever for the pleasure, enjoyment, use of future generations while also providing every conceivable opportunity for appropriate economic growth development to advance the quality of life of the residents of the Highls Region the entire State; WHEREAS, Sections 8 10 of the Highls Act mate that the Highls Council prepare adopt the Regional Master Plan with the goal of protecting enhancing the significant values of the resources in the Highls Region; WHEREAS, Section 10 of the Highls Act establishes goals for the Regional Master Plan for both the Preservation Area Planning Area, including to protect, restore, enhance the quality quantity of the waters of the Highls, to preserve environmentally sensitive ls, to preserve ls needed for recreation conservation, to promote brownfield remediation redevelopment, to preserve farml, historic sites other historic resources, to preserve outdoor recreation opportunities, to promote water resource conservation, to promote compatible agricultural, horticultural, recreational, cultural uses opportunities; WHEREAS, the Highls Act establishes development goals in the Preservation Area, to prohibit or limit, to the maximum extent possible, construction or development which is incompatible with the Preservation Area; WHEREAS, the Highls Act establishes development goals in the Planning Area, to encourage, consistent with the State Development Redevelopment Plan smart growth strategies principles, appropriate patterns of compatible residential, commercial, industrial development, redevelopment, economic growth, in or adjacent to areas already utilized for such purposes, to discourage piecemeal, scattered, inappropriate development, in order to accommodate local regional growth economic development in an orderly way while protecting the Highls environment from individual cumulative adverse impacts; ~ 2 ~

3 WHEREAS, Sections of the Highls Act specifically require that the Regional Master Plan be comprised of (a) a Resource Assessment that seeks to determine the amount type of human development activity that can be sustained by the Highls Region s ecosystem while maintaining the Region s overall ecological values; (b) a Financial Component that details the costs of implementing the Regional Master Plan, details the sources of revenue for covering those costs; (c) a Local Participation Component that provides for the maximum feasible local government public input; (d) a Coordination Consistency Component that details the ways in which local, State, federal programs policies may be best coordinated to promote the goals, purposes, policies, provisions of the Regional Master Plan; (e) a Transportation Component that provides a plan for transportation system preservation; (f) a Smart Growth Component that assesses opportunities for appropriate development, redevelopment, economic growth a transfer of development rights program, includes a L Use Capability Map; (g) a L Use Capability Map for the Preservation Area a comprehensive statement of policies for the development use of l in the Preservation Area; (h) a statement of policies, including a preservation zone element that identifies zones within the Preservation Area where development shall not occur in order to protect water resources environmentally sensitive ls which shall be permanently preserved through use of a variety of tools, including but not limited to l acquisition the transfer of development rights minimum stards governing municipal county master planning development regulations; WHEREAS, after a careful analysis of the best available scientific planning data consultation with State, federal local agencies pursuant to the Highls Act, the Highls Council adopted Resolution approving the Regional Master Plan on July 17, 2008, pursuant to the Highls Act requirement for gubernatorial review, the Regional Master Plan thereafter became effective on September 8, 2008; WHEREAS, the Highls Act creates a bifurcated system for county conformance with the Regional Master Plan matory Plan Conformance for any portion of a county located wholly or partially in the Preservation Area voluntary Plan Conformance for the counties with ls in the Planning Area; WHEREAS, Section 14 of the Highls Act expressly requires matory Plan Conformance where counties, located wholly or partially in the Preservation Area, must revise conform their county master plan associated regulations, as they relate to development use of l in the Preservation Area, with the goals, requirements provisions of the Regional Master Plan within 15 months of adoption thereof, or December 8, 2009; WHEREAS, Section 15 of the Highls Act provides for voluntary Plan Conformance where any county with ls in the Planning Area may voluntarily revise conform their county master plans associated regulations, as they relate to the development use of l in the Planning Area, with the goals, requirements provisions of the Regional Master Plan at any time; WHEREAS, pursuant to Sections of the Highls Act, the Highls Council shall approve, reject, or approve with conditions the revised plan associated regulations, as it deems appropriate, after public hearing, within 60 days after the date of submission thereof; ~ 3 ~

4 WHEREAS, the Highls Act provides that an approval of a Petition for Plan Conformance entitles the conforming county with specific benefits including: planning grants, technical assistance, state aid, priority for projects, tax stabilization funds, a strong presumption of validity extraordinary deference in the event of legal challenge, legal representation; WHEREAS, the Highls Council approval of Resolution adopting the Regional Master Plan included the adoption of the Highls Plan Conformance Guidelines that outlines the procedures, schedule, planning assistance, benefits available for the submission of a Petition for Plan Conformance; WHEREAS, the Plan Conformance Guidelines provides a process for Plan Conformance requiring the submission of plans regulations that are immediately necessary to ensure protection of the Highls resources resource areas with more complex tasks to be completed in accordance with an Implementation Plan Schedule as a condition of Plan Conformance; WHEREAS, Section 18 of the Highls Act obligates the Highls Council to establish a grant funding program to reimburse counties for reasonable expenses associated with Plan Conformance; WHEREAS, on December 18, 2008, the Highls Council approved Resolution to provide grant funding for the Highls counties to cover the reasonable expenses associated with revisions to master plans, development regulations or other regulations to conform them to the Regional Master Plan; WHEREAS, under Resolution , the Highls Council authorized the Executive Director to develop implement a process for the solicitation distribution of the Plan Conformance Grants in a total amount not to exceed $7.5 million up to a $50,000 allocation for each individual county for Plan Conformance; WHEREAS, the Bylaws of the Highls Council authorizes the Executive Director, as chief administrative officer, to approve contracts issue payments up to $25,000; WHEREAS, as directed, the Executive Director developed the Plan Conformance Grant Program, a program that splits Plan Conformance into the following tasks for administering the authorized grant funding: Task A: Environmental Resource Inventory, Task B: Highls Element for County Master Plans, Task C: Highls Regulations for Development of County Ls Facilities, Task D: County Petition for Plan Conformance; WHEREAS, in the County of Somerset 1,009 acres are in the Preservation Area 46,546 acres are in the Planning Area; WHEREAS, on December 8, 2009, Somerset County submitted a Petition for Plan Conformance including one resolution for all ls lying in the Preservation Area; ~ 4 ~

5 WHEREAS, on August 12, 2010, the Executive Director deemed the Petition for Plan Conformance administratively complete, on August 20, 2010, posted the Petition documents on the Highls Council website thereafter commenced staff review of the Petition for consistency with the Regional Master Plan; WHEREAS, on January 13, 2011, the Executive Director provided Somerset County with a Draft Consistency Review Recommendations Report, which provides the staff s assessment of the Petition for Plan Conformance, the level of conformance with the Regional Master Plan, recommendations for any further actions necessary for Plan Conformance; WHEREAS, the Executive Director provided Somerset County with a deliberative county response period allowing Somerset County to review respond to the Draft Consistency Review Recommendations Report; WHEREAS, on February 17, 2011, the Executive Director completed the Final Draft Consistency Review Recommendations Report, posted a Public Notice, the Final Draft Consistency Review Recommendations Report, the complete Petition documents on the Highls Council website for a public review comment period with written comments due on or before March 4, 2011; WHEREAS, on March 15, 2011, the Executive Director posted the Final Consistency Review Recommendations Report Highls Implementation Plan Schedule on the Highls Council website which addressed issues raised during the public comment period; WHEREAS, the Highls Implementation Plan Schedule includes an allocation of Plan Conformance grant funding in order to address the Highls Act requirements for Plan Conformance funding; WHEREAS, on March 17, 2011, the Highls Council held a public hearing on Somerset County s Petition for Plan Conformance provided an opportunity for public comment; WHEREAS, the Highls Council accepts the recommendation of the Executive Director as stated in the Final Consistency Review Recommendations Report; WHEREAS, according to the Highls Act the Plan Conformance Guidelines, Somerset County s compliance with an approved Final Consistency Review Recommendations Report, the Highls Implementation Plan Schedule, the Highls Plan Conformance Guidelines the Highls Act shall maintain Somerset County s status as conforming to the Regional Master Plan all statutory benefits associated with Plan Conformance; WHEREAS, the Plan Conformance Guidelines provides that no amendment to any master plan or development regulations applicable to the development use of l in the Preservation Area within Somerset County shall be effective until Somerset County has submitted such amendment to the Highls Council such amendment has been found by the Council to be in conformance with the Regional Master Plan, or the Executive Director has notified Somerset County that such amendment does not affect the Highls Council s prior finding of Plan Conformance; ~ 5 ~

6 WHEREAS, the Plan Conformance Guidelines provides that following the receipt of any amendment to Somerset County s master plan or development regulations, the Executive Director is required to determine whether or not the amendment raises a substantive issue with respect to the conformance of the county master plan or development regulations with the Regional Master Plan, WHEREAS, the Plan Conformance Guidelines provides that if the Executive Director determines no such substantive issue is raised with respect to an amendment, the Executive Director shall certify such fact notify the Clerk of Somerset County the Highls Council, shall provide notice on the Highls Council website, such amendment shall thereupon take effect in accordance with its terms applicable law; WHEREAS, the Plan Conformance Guidelines provides that if the Executive Director determines that an amendment raises a substantive issue with respect to the conformance of the county master plan or development regulations to the Regional Master Plan, the amended county master plan or development regulations shall be reviewed in accordance with the Plan Conformance Guidelines; WHEREAS, pursuant to N.J.S.A. 13:20-5.j, no action authorized by the Highls Council shall have force or effect until ten (10) days, Saturdays, Sundays public holidays excepted, after a copy of the minutes of the meeting of the Council has been delivered to the Governor for review, unless prior to expiration of the review period the Governor shall approve same, in which case the action shall become effective upon such approval. NOW, THEREFORE, BE IT RESOLVED that the Highls Council hereby approves Somerset County s Petition for Plan Conformance with conditions as set forth in the Final Consistency Review Recommendations Report the Highls Implementation Plan Schedule; BE IT FURTHER RESOLVED that the Highls Council hereby approves Somerset County s Highls Implementation Plan Schedule which includes an allocation of grant funding in order to address the Highls Act requirements for Plan Conformance funding; BE IT FURTHER RESOLVED that the Executive Director is authorized to make any amendments publically release the Final Consistency Review Recommendations Report, Highls Implementation Plan Schedule, amend the Plan Conformance Grant Agreement consistent with direction from the Highls Council, to properly effectuate the intent of the Council thereafter execute the Report Schedule on behalf of the Council; BE IT FURTHER RESOLVED, that Somerset County is hereby entitled to the statutory benefits associated with Plan Conformance as detailed in the Highls Act, the Regional Master Plan the Plan Conformance Guidelines, so long as Somerset County remains in conformance with the Regional Master Plan to the extent such funds are made available by the State; ~ 6 ~

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