From the Association of New Jersey Environmental Commissions’

Municipal Planning Project

 

ANJEC HOME

ANJEC Highlands Herald

 

April 2009

 

 

Welcome to ANJEC’s Highlands Herald.  The Highlands Herald is an e-mail newsletter designed to help environmental commissions, municipal officials, and the public understand and effectively participate in the development of the Highlands Regional Master Plan and more importantly, implement the Plan in their local communities.

 

Please free to share this information with other environmental commission members, members of your planning board, municipal experts, your elected officials and members of the public. If you would like to add a recipient, please send the e-mail address to dpeifer@anjec.org

ANJEC Passaic River Workshops, May 18 & May 27

Workshop and Training on the Landscape Project, April 23

Updates

In This Issue

  • Highlands Council Grants for Conformance

  • The Conformance Process: "Modules"

  • ANJEC Passaic River Workshops, May 18, May 27

  • Workshop and Training on the Landscape Project, April 23

  • Updates

Highlands Council Grants for Conformance

The New Jersey Highlands Council has grant funding to assist municipalities with "reasonable costs" related to Plan Conformance. Conformance is mandatory for all lands within the Preservation Area and voluntary in the Planning Area.
Two grant programs directed specifically at Conformance are: Initial Assessment Grants and Plan Conformance Grants.

  • Initial Assessment Grants will fund preliminary municipal and county Plan Conformance activities for lands within the Preservation Area and in the Planning Area. These grants will allow local jurisdictions to engage their professionals to assess the requirements and benefits of Plan Conformance. Grants are generally in the $15,000 range. Guidelines, grant applications and full information on these and other grants are available on the Council's website at www.highlands.state.nj.us under "Grants". If your municipality is just beginning the Highlands Conformance process or has not as yet filed a formal Notice of Intent (to conform), urge your municipality to apply for this grant. Currently, 73 out of the 88 Highlands municipalities have filed their Notice of Intent to conform to the Regional Master Plan. See the Council's website to see where your municipality stands.
    Contact Herbert August, Manager of Grants Information at (908) 879-6737 or grants@highlands.state.nj.us for further information.
  • Plan Conformance Grants are also available for municipalities to accomplish specific tasks related to conformance for lands within the Preservation and Planning Areas. Grant amounts begin at $50,000 with a maximum of $100,000 per municipality.
    Conformance Grants are available only to municipalities that have submitted a formal Notice of Intent to conform to the Highlands Regional Master Plan. Filing a Notice of Intent also obligates the municipality to pursue the "Basic Conformance" process to be completed by December 8, 2009.
    See www.highlands.state.nj.us/njhighlands/planconformance/
    If your municipality ultimately decides not to conform the Planning Area portion of the municipality, it does not have to repay the grants nor will taking grants prejudice its ability to apply for future grants.
    Plan Conformance Grants will allow municipalities to engage their professionals and staff to address the requirements for "Basic Plan Conformance." Additional studies and reports are expected to be needed to meet "Full Conformance." These additional tasks will be defined during Basic Conformance but will be completed afterward.

The Conformance Process "Modules"

The Basic Conformance process is proceeding through a series of seven "Modules" that, in most cases, build upon the previous module. Each Module has a standard conformance grant amount associated with it. If additional funding is necessary, your municipality may make a written request to the Council Executive Director, Eileen Swan.
These modules and their available grant funding amounts are:

  • Module 1: Current Municipal Conditions and Build-out Analysis: $15,000
  • Module 2: Land Use and Resource Capacity Analysis: $10,000
  • Module 3: Housing Element and Fair Share Plan: $7,500
  • Module 4: Environmental Resource Inventory: $2,000
  • Module 5: Highlands Master Plan Element: $2,500
  • Module 6: Highlands Regulations: $5,000
  • Module 7: Municipal Self Assessment, Implementation Plan and Petition: $8,000
    • Modules 1 and 2: Current Municipal Conditions and Build-out Analysis, Land Use and Resource Capacity Analysis

      Municipalities that have filed a Notice of Intent will need to complete the Conformance process before December 8, 2009. Due to the very tight schedule and the interdependence of the various modules, Modules 1 and 2 must be completed early. They are interrelated and will provide the basis for subsequent modules, in particular Module 3. Environmental commissions should participate in their preparation by communicating with municipal professionals, usually the planner and engineer. It is important that your commission's local knowledge be incorporated in these analyses.
    • What is a build out analysis and why is it important?Basic information on build-out analyses can be found at www.anjec.org , "Tools and Resources", Smart Land Use: "Build-out and Carrying Capacity Analysis". The build-out analysis is an essential step in municipal planning. A build-out analysis allows planners, citizens and municipal officials to "view the future" by visualizing the "end result" of their current planning framework. In sum, the process is a "reading before the fact" of what full development will be as a result of the existing planning framework. A build-out analysis can then compare the allowable future development with the carrying capacities of the natural systems such as water quality and quantity, wildlife habitat or air quality and with the capacity of man-made infrastructure such as water supply systems, wastewater treatment systems, roads or schools. The Highlands process for conducting a build-out analysis has unique requirements and provisions. During the Highlands Conformance Process, the future development of your municipality under your existing zoning will be compared to the goals, policies and objectives of the Highlands Regional Master Plan (RMP) to assess the type, location and amount of change necessary to bring your community into conformance with the Highlands Act and the Regional Master Plan. By the end of the conformance process, you will have a modified and amended Master Plan, new land use ordinances and other planning elements needed to effectuate the goals of the Highlands Act.
    • The process begins with documenting the current municipal conditions. See (www.highlands.state.nj.us/njhighlands/planconformance), Plan Conformance Grant Program, "Module 1: Current Municipal Conditions and Build-out Analysis". It is vital that the municipality be able to accurately map and measure the land area of both "developable land" and "preserved lands" in the municipality under current zoning and regulation. Examples of lands that should be removed can include parks and other preserved lands, other restricted lands, water bodies, wetlands, steep slopes and floodplains that preclude development under current regulation. Generally these should not be counted as "developable land".
    • As can be anticipated, defining what these areas are is the more difficult part of the analysis. Once the lands to be removed from the calculation are agreed upon, map preparation and area estimation are relatively easily accomplished using GIS, provided the spatial data required are available. This process is far more laborious and difficult if digital data and GIS technology are not available. In reality, there will be a back and forth process as available data is compared to desired results. Missing data will need to be created or the output changed. In the Highlands Conformance process, municipalities should pay particular attention to preserved open spaces. Few municipalities have accurate mapping or information on the many conservations easements they currently hold. Many of these lands do not appear on the Highlands Council's data. As permanently preserved lands, they should be removed from consideration as "developable" land. The Council will also provide spatial and tabular data concerning the location and capacities of sewer and water systems. Areas served by these utilities are those where pipes are actually in the ground, not those areas previously planned for service. The base grant amount for this Module is $15,000. The "Current Municipal Conditions & Build-Out Analysis Module" on the Council's website has detailed information concerning timing, procedures and submission requirements.?
    • Map Updates
      In pursuing the build-out analyses, the Council's data will need some degree of factual revision. This is a result of changes that have occurred since the original data were developed, the scale of the original data and the fact that some municipal data were not available to the Council. Municipalities will have the opportunity to view these data, compare them with known local conditions and submit revisions to the Council. In the Highlands Conformance process, these types of changes are considered "RMP Updates" and must be based on factual conditions, for example, when a previously vacant parcel has been developed or sewer lines extended. A licensed professional must certify these requested changes and submit them in accordance with Highlands Council data specifications and requirements. RMP Updates may be submitted at any time, with full verification in accordance with Highlands Council specifications and requirements. Highlands Council approval of RMP Updates is not required for completion of the Current Municipal Conditions and Build-Out Analysis, but updates may be funded under this module. However, data reports on current municipal conditions (or verification that none are required) that are submitted in accordance with Highlands Council data requirements are required for this module. When the information has been properly submitted and verified, the Council staff will revise the "Municipal Build-Out Geodatabase" and return it to the municipality. The corrected Geodatabase, containing spatial and tabular data, will greatly assist you in the Conformance process. The Council staff will provide the municipality with the maximum build-out potential of the municipality "based on available land, infrastructure and environmental carrying capacity, consistent with the RMP". Environmental carrying capacity and infrastructure capacity will be expressed in gallons per day, rather than in number of dwelling units. ? Module 4: The Environmental Resource Inventory and Its Problems
      Module 4, the Environmental Resources Inventory, created by the Council, will arrive late in the process. A draft "Sample Environmental Resource Inventory" is available on the Council's website under "Plan Conformance." ANJEC has prepared detailed comments on this document, available on our website (www.anjec.org). While the draft appears to meet the bare bones requirements of "Basic Conformance," it is far from comprehensive and will not meet the requirements of a municipal ERI. There is little harm in adopting the document as presented, but the environmental commission should supplement it with information now or during "Final Conformance" to meet the requirements of a good municipal ERI. Some deficiencies of the Highlands ERI include the lack of geologic or soils information, an inadequate cultural resources component and an incomplete open space component. The Highlands ERI does contain accurate information specific to the Highlands process and new information unlikely to have been developed by a municipality, such as water availability. Please note that the Highlands ERI is a digital document, meant for use with a GIS system. Municipalities with existing non-digital ERIs will need to convert to a digital format. If you do not have an ERI, your commission should plan to create one. If you have a non-digital ERI, the commission should plan to bring your existing ERI up to date and convert it to digital (GIS) format. Because a consultant usually does the work of conversion to a digital GIS format, control of ERI data often is shifted to a municipal professional, usually the municipal planner or engineer. Commissions should take care to remain actively involved in ERI preparation and maintain an ongoing relationship with the administrator of the digital product. ANJEC has a Resource Paper on environmental resource inventories at www.anjec.org/pdfs/EnvironmentalResource04.pdfGood practice dictates that an environmental resource inventory (ERI) be prepared first to inform the development of the municipal master plan and build-out analyses. Because of time constraints in the Highlands Conformance process, this normal progression of planning has been altered. Municipalities often perform a build-out analysis as part of master plan development after they have produced an ERI. The ERI delineates the natural features of the municipality and allows the assignment of "values" to these natural features. A build-out analysis without a comprehensive ERI may leave out some constraints and opportunities because they have not been identified. In the Highlands Conformance Module series, the ERI is preceded by "Module 1, "Current Municipal Conditions and Build-out Analysis, "Module 2, Land Use and Resource Capacity Analysis" and "Module 3, Housing Element and Fair Share Plan."
      Thus, in the Highlands process municipalities will develop the build-out and capacity analysis and the Housing Element and Fair Share Plan before a new ERI is adopted. This inversion of good planning practice places an additional burden on the existing ERIs and on environmental commissions. Commissions must assure that, in the completion of Modules 1-3, the natural resources of the municipality are protected. If your municipality has an ERI, you will want to make full use of it during the build-out analysis. The preparation and keeping of an ERI empowers and strengthens your commission. Commissions should use the Conformance process to create and maintain the best possible environmental resource inventory.


 

Contact Us

Dave Peifer, ANJEC’s Highlands Project Director is available to help answer your questions at (973)539-7547 or dpeifer@anjec.org.

 

Support Us
A click on the ANJEC Website takes you to our website where you can make a secure contribution using a major credit card (or print a form to mail in).
It only takes a minute, but makes a big difference for ANJEC.


ANJEC
P.O. Box 157
Mendham, NJ 07945

www.anjec.org
973-539-7547
fax: 973-539-7713