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Oppose
the Permit Extension Act (A2867/S1919)
The
Permit Extension Act will extend all state and local permits and
approvals for developers for six years, allowing projects
that were permitted many years ago to avoid changes in environmental
law, public health standards, building codes, or local planning.
Undermines
NJ Department of Environmental Protection (NJDEP) Regulations
- Negates
recent changes that increase environmental protection, since
the Act enables developers to keep permits gained under the
previous rules;
- Undermines
the state's
-
Pollution Discharge Rules,
-
Flood Hazard Rules,
-
Site Remediation Rules,
-
Category 1 Rules and others.
Weakens
Local Land Use Planning
Developers' approvals will stay in effect even if towns have passed
new zoning to manage sprawl or environmental ordinances to protect
streams, steep slopes or trees.
Allows
Expired Projects to Avoid Current Regulations
- Since
the Act's period starts January 1, 2006, it would allow projects
whose permits or approvals have expired within the past two
and a half years to be brought back to life.
- Local
approvals could date all the way back to 2001, because the Municipal
Land Use Law already gives approvals the ability to extend for
five years.
- State
NJDEP permits from as far back as 1996 could be extended because
these can be extended twice, for five years each.
Recommended
Actions
- Urge
your state Assemblymen and Senators to vote against the Permit
Extension Act. See ANJEC's
testimony before the Assembly Housing and Local Government
Committee
- Encourage
your town Governing Body to pass a resolution
against this Act and send it to their State Legislators. Time
is short - this bill is moving quickly.
Additional
Information
Available at the Sierra
Club
Final
Highlands Regional Master Plan (RMP)
On November 30, 2006 the Highlands Council, in response to the
requirements of the Highlands Act, adopted the Draft Regional
Master Plan. RMP copies are available from the Council on its
website
and on a CD by phone at (908) 879-6737. Currently, this is the
operating plan that governs the Council's activities. In response
to lengthy
public review and hearings' comments the Council has begun
revisions to the draft RMP. The revised final document is anticipated
to be available to the public in mid to late November, 2007. After
a final public comment period of one month and one public hearing
the Council plans to adopt the Final Regional Management Plan
(RMP).
The
Highlands Council has accelerated its activities to complete the
RMP. A series of topic driven "workshop" meetings have
been scheduled. All meetings are scheduled to take place at the
Council's headquarters located at 100 North Road, Chester N.J.
Municipalities may wish to attend these meetings to develop an
early understanding of the RMP.
The
upcoming meeting schedule is:
November
19, 4:00 pm: "Release of Regional Management Plan for
Public Comment"
December 13, 4:00 pm: "Final Work Session"
All
of these meetings are open to the public and public comment will
be heard.
Always
check the Highlands Council's
website ("Calendar"), to obtain agendas and to confirm
dates and times.
ANJEC
continues to urge municipalities to form "Highlands Work
Groups", to evaluate the RMP and formulate municipal responses.
State
Plan Mapping: Important Areas for Change
1.
Planning Area 1 and 2 designations
that do not meet applicable State Plan criteria, and cover one
square mile or more, should be changed to limited-growth Planning
Areas 3, 4 or 5.
Background: Many current designations for Planning Areas
1 and 2 lack the basic data required by the State
Plan's criteria (click on Color Exhibits and SP Map and go
to SPPM: PA1 or SPPM: PA2) for these growth areas. For example,
growth in Planning Area 2 is supposed to take place in centers.
And Planning Area 2 Wastewater Management Plans are supposed to
provide for sewer service by 2020. Much of the current Planning
Area 2 land does not contain centers or plans for sewers by 2020.
Determine how the area meets the State Plan's criteria
for limited-growth Planning Areas 3, 4 or 5 (click on Color
Exhibits and SP Map and go to SPPM: PA3, SPPM: PA4, SPPM PA 4B,
SPPM: PA5, or SPPM PA5B). The criteria for environmentally sensitive
planning areas include
population density of less than 1,000 people per square mile,
and one or more of the following features outside of Centers:
- Trout
production or trout maintenance waters and their watersheds,
- Pristine
non-tidal Category 1 waters and their watersheds upstream of
the lowest Category I stream segment;
- Watersheds
of existing or planned potable water supply sources;
- Prime
aquifer recharge areas of potable water supply sources and carbonate
formations associated with recharge areas or aquifers;
- Habitats
of endangered and threatened plant and animal species;
- Coastal
wetlands;
- Contiguous
freshwater wetlands systems;
- Significant
natural features or landscapes like beaches, coast spits, barrier
islands, critical slope areas, ridge lines, gorges and ravines,
important geological features (including those associated with
karst topography) or unique ecosystems; and/or
Prime forested areas, including mature stands of native species.
2.
Planning Area 1, 2 and 3 designations
that cover less than one square mile and contain environmentally
sensitive resources should be changed to limited-growth Critical
Environmental Sites (CES).
Background: A Critical Environmental Site designation will
help protect important resources if your ERI and/or NJDEP
data (click on Color Exhibits and SP Map and go to SPPM: Environmental
and Historic Sites) show that land in currently designated as
Planning Areas 1, 2 or 3 contains environmentally sensitive features
including
- Prime
or locally important aquifer recharge areas;
- Wellfields
and wellhead protection areas;
- Public
water supply reservoirs;
- Coastal
dunes, beaches and shorelines;
- Critical
slope areas;
- Habitats
of endangered or threatened plant or animal species or unique
ecosystems;
- Habitats
with a wide diversity of resident species or significant resident
populations;
- Coastal
wetlands and freshwater wetlands and ponds;
- Staging
areas for migratory species;
- Stream
corridors;
- Wildlife
corridors;
- Significant
natural features like ridge lines,
- gorges
and ravines, or unique geological features (including limestone
outcrops);
- Prime
forest areas, including mature stands of native species.
The
Preliminary
State Plan Maps outline with yellow diagonal stripes potential
Critical Environmental Sites identified by DEP in Planning Areas
1, 2 and 3. Critical Environmental Sites must be
- "
Identified in municipal or county master plans, state functional
plans, ERI's or other documentation;
- Protected
by state regulations, local ordinances, public ownership or
deed restrictions; and
- Not
under regulatory review.
3.
Planning Area 1, 2 and 3 designations
that cover less than one square mile and contain historic and
cultural resources should be changed to limited-growth Critical
Historic and Cultural Sites (HCS).
Background: A Critical Historic and Cultural Site designation
will help protect important resources if your ERI, NJDEP data
and/or or sites on the state and national Historic Registers show
that land in currently designated as Planning Areas 1, 2 or 3
contains historic and cultural resources including
- Greenways
and trails;
- Dedicated
open space;
- istoric
sites and districts;
- Archeological
sites;
- Scenic
vistas and corridors;
- Natural
landscapes of exceptional value.
Critical
Historic and Cultural Sites must be
- Identified
in municipal or county master plans, state functional plans,
ERI's or other documentation;
- Protected
by state regulations, local ordinances, public ownership or
deed;
- Not
under regulatory review.
For
Further Information
- Office
of Smart Growth or (609) 292-7156
- The
Preliminary
State Plan Policy Map contains existing Critical Environmental
(CES) and Historic and Cultural Sites (HCS) and a number of
potential Critical Environmental Sites (with yellow diagonal
stripes) in Planning Areas 1, 2 and 3. It also lists categories
of GIS data obtained from various state agencies.
- The
State Plan's chapter on Planning
Areas includes criteria for Planning Areas (click on Color
Exhibits and SP Map and go to specific Planning Area) and Critical
Environmental and Historic and Cultural Sites (click on
Color exhibits and SP Map and go to SPPM: Environmental and
Historic Sites).
For
assistance in obtaining maps or organizing your efforts, contact
ANJEC Resource Center
or (973) 539-7547.
6/08
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