Plan Conformance Guidelines
Prepared by State of New Jersey Highlands Water Protection and Planning Council in Support of the Highlands Regional Master Plan 2008
Highlands Regional Master Plan
Highlands Water Protection and Planning Council
John R. Weingart | Chairman
Jack Schrier | Vice Chairman
William Cogger | Treasurer
Kurt Alstede
Elizabeth Calabrese
Tracy C. Carluccio
Timothy Dillingham
Janice Kovach
Mimi Letts
Deborah Pasquarelli
Erik Peterson
Glen Vetrano
Tahesha Way
Scott Whitenack
Highlands council staff
Eileen Swan | Executive Director
Thomas A. Borden | Deputy Executive Director and Chief Counsel
Daniel J. Van Abs | Senior Director of Planning and Science
Roger Keren | Director of Geographic Information Systems
Science Staff
Christine M. Ross | Sr. Resource Management Specialist
James Hutzelmann | Water Resource Engineer
Erin C. Lynam | Resource Management Specialist
Assisting Science Unit
Casey Ezyske
Charles Perry
Planning Staff
Christine M. Danis | Principal Planner
Judith A. Thornton | Principal Planner
Maryjude Haddock-Weiler | Regional Planner
Megan I. Lang | Regional Planner
Erika Webb | Regional Planner
Assisting Planning Unit
Megan Saunders
Geographic Information Systems Staff
Carl B. Figueiredo | GIS Specialist
Nathan McLean | GIS Specialist
Matthew Vitullo | GIS Specialist
Legal Staff
Jeffrey P. LeJava | TDR Program Administrator and Staff Attorney
Kim Ball Kaiser | Staff Attorney
Assisting GIS Unit
Jennifer Reed
Operations Staff
Paula M. Dees | Executive Assistant
Sabina Martine | Administrative Assistant
Craig Garretson | Manager of Communications
Matthew J. Curtis | Manager of Information Systems
Lindsey Interlante | Manager of Grants Administration
Plan Consultant
Charles L. Siemon, Esq. | Siemon and Larsen, P.A.
Ranji H. Persaud | Manager of Human Resources/Office
Elizabeth Carlson | Information Systems Coordinator
Laura Forrest | Administrative Assistant
Jane Rivers | Administrative Assistant
Cindy Tonczos | Receptionist
Highlands Plan Conformance Guidelines Contents EXECUTIVE SUMMARY .................................................................................................................................. 1 INTRODUCTION ............................................................................................................................................. 1 PLAN CONFORMANCE OVERVIEW ................................................................................................................ 2 PURPOSE AND SCOPE OF THE PLAN CONFORMANCE PROCESS ........................................................................... 2 REQUIRED CONFORMANCE IN THE PRESERVATION AREA .................................................................................. 2 VOLUNTARY CONFORMANCE IN THE PLANNING AREA ...................................................................................... 3 CONSTRUCTION OF PLAN CONFORMANCE GUIDELINES .................................................................................... 3 PLAN CONFORMANCE MEETINGS AND PUBLIC INPUT ...................................................................................... 3 PLAN CONFORMANCE SCHEDULE .................................................................................................................. 4 BENEFITS OF PLAN CONFORMANCE ............................................................................................................... 5 PLAN CONFORMANCE PROCESS ................................................................................................................... 7 OVERVIEW MEETINGS AND INFORMATION PACKETS ........................................................................................ 7 INITIAL ASSESSMENT AND RMP UPDATES...................................................................................................... 7 NOTICE OF INTENT ...................................................................................................................................... 8 PETITION DEVELOPMENT ............................................................................................................................. 8 BASIC PLAN CONFORMANCE AND PLAN CONFORMANCE .................................................................................. 9 PLAN CONFORMANCE PETITION DOCUMENTS ............................................................................................ 9 DOCUMENTS REQUIRED FOR PETITION COMPLETENESS .................................................................................... 9 DOCUMENTS REQUIRED FOR MUNICIPAL PETITIONS ...................................................................................... 10 DOCUMENTS REQUIRED FOR COUNTY PETITIONS .......................................................................................... 11 DISCRETIONARY DOCUMENTS .................................................................................................................... 12 INITIAL REVISIONS .................................................................................................................................... 13 SUBMISSION WAIVERS .............................................................................................................................. 14 PROCESS FOR REVIEW OF PLAN CONFORMANCE PETITIONS ..................................................................... 15 NOTICE OF PETITIONS ................................................................................................................................ 15 PUBLIC HEARINGS ON PLAN CONFORMANCE PETITIONS ................................................................................. 16 FAILURE TO OBTAIN OR FULFILL TERMS OF PLAN CONFORMANCE APPROVAL .................................................... 16 PERIOD OF PLAN CONFORMANCE AND CONFORMANCE AMENDMENTS ............................................................ 17 SUPPORTING INFORMATION ...................................................................................................................... 19 ACKNOWLEDGMENTS GLOSSARY APPENDIX i Highlands Plan Conformance Guidelines EXECUTIVE SUMMARY The Highlands Act recognizes the need for all levels of government to coordinate in order to achieve a regional approach to land use planning for the protection and enhancement of the resources in the Highlands Region. To realize this objective, the Highlands Council was assigned the task of creating a Regional Master Plan establishing goals, standards, and policies by which the counties and municipalities of the Highlands Region may implement the intent of the Act. Conformance with the Regional Master Plan is required throughout the Preservation Area, and is voluntary within the Planning Area. Plan Conformance includes the revision of local master plans and development regulations, as applicable to the development and use of land, as may be necessary in order to conform them with the goals, requirements, and provisions of the Regional Master Plan. The Highlands Council has determined that Plan Conformance requires conformance with all mandatory aspects of the Regional Master Plan, but the Plan also includes additional components such as discretionary opportunities for development that a county or municipality may adopt or not, as it deems appropriate. The Plan Conformance Guidelines set forth a blueprint for constituent counties and municipalities to realize this task with clear direction and ample financial and technical assistance from the Highlands Council. It provides detailed information on the process and procedures of petitioning the Highlands Council for Plan Conformance. INTRODUCTION The Highlands Water Protection and Planning Act (Highlands Act) was enacted on August 10, 2004. Through passage of the Highlands Act, the New Jersey Highlands Water Protection and Planning Council (Highlands Council) was charged with the important task of developing a Regional Master Plan to protect the critical natural resources and other significant values of the Highlands Region. The Highlands Act specifically emphasizes the protection of water resources for both potable supply and ecosystem viability but also includes goals relating to the protection of agricultural viability, ecosystems, animal and plant species, as well as scenic and historic resources. The Highlands Act is premised on the need for coordinated land use planning and regulation to protect the important resources of the Highlands Region. The Act recognizes that protection of the Highlands Region as a whole requires a combination of state and local oversight that is implemented through regional planning and local land use control. A fundamental aspect of the Highlands Regional Master Plan is the process by which local governments will change their land use requirements and restrictions to support the goals and requirements of the Plan. During the legislative process that led to passage of the Highlands Act and continuing through the meetings held by the Highlands Council during the development of the Regional Master Plan, many local government representatives stressed the importance of creating a straight‐forward conformance process. The Act directed the Highlands Council to develop a set of requirements to protect the Highlands which include mandatory restrictions over land use and development practices within the Preservation Area and provisions for voluntarily conformance with respect to the Planning Area. In accordance with the Highlands Act, the Highlands Council is authorized to “approve, reject, or approve with conditions the revised plan and development regulations” of Highlands municipalities and 1 Highlands Plan Conformance Guidelines counties and the Highlands Council may also “identify changes” necessary for Plan Conformance approval as part of a rejection or conditional approval of a local petition for Plan Conformance (Section 14 and 15 of the Act). The Highlands Council is empowered to examine the master plan and development regulations submitted by a municipality or a county in a conformance petition and may either approve a conforming submission, issue conditional approvals, reject or approve with specifically identified changes, or completely reject the submission. Of the 88 municipalities in the Highlands Region, 5 are entirely in the Preservation Area, 36 are entirely in the Planning Area, and the remaining 47 municipalities have lands in both areas. The assessment of the Highlands natural systems and resources conducted by the Highlands Council during the preparation of the Regional Master Plan revealed that important ecosystems and natural resources lie not only within the Preservation Area, but also within the Planning Area. The Highlands Council recognized that while the mandatory resource preservation and protection requirements of the Act and the New Jersey Department of Environmental Protection (NJDEP) regulations will combine to largely protect these natural systems and resources in the Preservation Area, the overall protection of these features in the Highlands Area will depend upon the voluntary conformance with the Regional Master Plan by those communities that lie within the Planning Area. Plan Conformance Overview Purpose and Scope of the Plan Conformance Process (a) The purpose of the Plan Conformance process is to provide a framework that supports the efforts of municipalities and counties in the Highlands Region to bring master plans and development regulations into conformance with the goals, requirements, and provisions of the Regional Master Plan. (b) All activities undertaken by the Highlands Council or Highlands municipalities and counties to bring master plans and development regulations into conformance with the Regional Master Plan are considered to be within the scope of Plan Conformance. (c) Plan Conformance shall be guided by a principle to provide for effective and thorough local government involvement and public input into the process of Plan Conformance. (d) The Highlands Council intends to ensure that Plan Conformance will address local or unique circumstances. The Highlands Council recognizes that the Regional Master Plan was created at a regional scale and that new or additional information available at the county or municipal level may be utilized during Plan Conformance. (e) The Highlands Council recognizes that experience with the Plan Conformance process may identify procedural issues, which may be utilized to periodically revise these Plan Conformance Guidelines. Required Conformance in the Preservation Area (a) Within nine to 15 months after September 8, 2008, the effective date of the adoption of the Regional Master Plan, according to a schedule to be established by the Highlands Council, each county and municipality located wholly or partially in the Preservation Area must submit a Petition 2 Highlands Plan Conformance Guidelines for Plan Conformance to the Highlands Council for that portion of its jurisdiction lying within the Preservation Area. (b) A Petition for Plan Conformance shall include proposed revisions of the county or municipal master plan and development regulations, as applicable to the development and use of land in the Preservation Area, as may be necessary to achieve conformance with the goals, requirements, and provisions of the Regional Master Plan. Voluntary Conformance in the Planning Area (a) Petitions for Plan Conformance for that portion of a county or municipality lying within the Planning Area may be submitted to the Highlands Council at any time. (b) A Petition for Plan Conformance shall include proposed revisions of the county or municipal master plan and development regulations, as applicable to the development and use of land in the Planning Area, as may be necessary to achieve conformance with the goals, requirements, and provisions of the Regional Master Plan. Construction of Plan Conformance Guidelines (a) Nothing in these Plan Conformance Guidelines shall be construed to limit the authority of a municipality or county, as provided in Section 14 of the Highlands Act, to adopt revisions to its master plan, development regulations, or other regulations for the purposes of Plan Conformance that are stricter, as determined by the Highlands Council, than the minimum necessary to obtain approval of conformance with the Regional Master Plan. (b) These Plan Conformance Guidelines should be liberally construed to conform with the State’s obligation to stringently safeguard the State’s public trust resources and other resources of the Highlands Region. These Plan Conformance Guidelines shall not be construed to limit, alter or eliminate the requirements of any other applicable federal, State, or local laws, rules, regulations, codes or ordinances. (c) If any section, part, phrase, or provision of these Plan Conformance Guidelines or the application thereof to any person is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the validity of the remainder of these Plan Conformance Guidelines or the application thereof to other persons or entities. Plan Conformance Meetings and Public Input (a) In order for Plan Conformance to be timely and successful, it is essential that there be opportunities for open public dialogue between the Highlands Council, local government officials and their professionals, stakeholders, and interested citizens. It is also important that there be a free flow of information between the Highlands Council and local representatives. (b) To ensure that there will be adequate time for public discourse concerning the Plan Conformance process, the Highlands Council may directly, or through formation of a Committee for oversight of 3 Highlands Plan Conformance Guidelines the Plan Conformance process, hold meetings as necessary to provide policy advice and recommendations to the petitioners concerning pending or anticipated Petitions for Plan Conformance. These meetings will provide opportunity for the Highlands Council and representatives of Highlands municipalities and counties to present Plan Conformance issues and draft planning documents for consideration. Any such meetings shall be deliberative forums open to the public, with opportunity for public comment. (c) Any statements or recommendations made by any representative of the Highlands Council in the context of Plan Conformance shall be considered non‐binding and shall confer no legal rights. Only the Highlands Council may take final action on a Petition for Plan Conformance. (d) Notice of Plan Conformance issues before the Highlands Council including the submission of Petitions for Plan Conformance, Highlands Council and Council Committee meetings, and public hearings on Petitions shall be provided to the public by postings on the Highlands Council website. Plan Conformance Schedule (a) The Council may develop a Plan Conformance Schedule providing for submission of conformance petitions. The Plan Conformance Schedule shall be posted on the Council website. (b) The Plan Conformance Schedule shall ensure that each municipality and county located wholly or partially in the Preservation Area shall submit a timely Petition for Plan Conformance for at least the portion of the municipality or county within the Preservation Area. The Schedule will also assist in the Council’s planning and processing of Planning Area petitions (See Voluntary Conformance in the Planning Area, above). (c) The Highlands Council may develop a Plan Conformance Schedule in consideration of the extent of municipal/county lands in the Preservation Area, the extent to which the local government’s existing or proposed master plan and development regulations appear to conform with the Regional Master Plan, the expressed willingness to conform to the Regional Master Plan in a timely manner, and the efficient, orderly, and effective use of available funding and resources. (d) The Highlands Council may give priority Plan Conformance review of: 1. Any Petition of a county or the 47 municipalities with lands in both the Preservation Area and Planning Area where the Petition seeks simultaneous Plan Conformance for both Areas; or 2. Any voluntary Petition where the Highlands Council determines there is good cause for priority review based upon the demonstrated need to protect and enhance Highlands Resources consistent with the goals of the Regional Master Plan. (e) The Highlands Council may periodically alter and update the Plan Conformance Schedule or provide specific notice to municipalities and counties to: 1. Alter the time provided to a local government in the Preservation Area to submit a Petition for Plan Conformance, within the limits provided by the Highlands Act; 2. Update the Schedule to address voluntary Plan Conformance for Planning Area lands; 4 Highlands Plan Conformance Guidelines 3. Provide for the priority review of any Petition as determined by the Highlands Council; and 4. Establish the time provided to a local government to submit an Amended Petition for Plan Conformance. Benefits of Plan Conformance (a) In order to achieve a regional approach to land use planning and a coordinated method for the protection and enhancement of the significant values of the resources in the Highlands Region, the Highlands Act provides benefits which are available to counties and municipalities that come into conformance with the Regional Master Plan. Municipalities and counties that come into conformance with the Regional Master Plan are eligible for certain benefits under the Highlands Act as specified below. (b) Planning Grants and Technical Assistance: 1. The Highlands Council shall make grant funds and other financial and technical assistance available to Highlands municipalities and counties for the reasonable costs of any revision of their master plans, development regulations, or other regulations which are designed to bring those plans or regulations into conformance with the Regional Master Plan or for the implementation of a transfer of development rights program pursuant to the Highlands Act. 2. Plan Conformance grants shall be awarded to municipalities and counties through the approval of a Resolution by the Highlands Council. The Council shall provide grant funds for all mandatory aspects of Plan Conformance, and may also provide grant funds for discretionary aspects of Plan Conformance as determined by the Council. (c) State Aid and Assistance for Smart Growth: 1. Highlands municipalities and counties whose master plan and associated regulations have been approved by the Highlands Council as being in conformance with the Regional Master Plan shall qualify for all State aid, planning assistance, technical assistance, and other benefits and incentives that may be awarded or provided by the State to municipalities and counties which have received Plan Endorsement from the State Planning Commission or which otherwise practice or implement smart growth strategies and principles. These benefits apply to any conforming municipality in the Preservation Area, and subsequent to Plan Endorsement for the Planning Area of the Regional Master Plan by the State Planning Commission (see part (h) below), to any conforming municipality in the Planning Area. Any such municipality or county shall also qualify for any State aid that may be provided for smart growth projects. 2. Any municipality or county may include in its Petition for Plan Conformance a listing of priority projects or other matters that are fundamental to the provision, improvement, enhancement, or restoration of infrastructure, public facilities, or other matters that may require the funding, implementation, or active participation of a State agency. The Highlands Council may act to coordinate such matters with the appropriate State agency, where such action is consistent with the Regional Master Plan, to gain agreements with the appropriate State agency to facilitate, approve, fund, or take other actions necessary to implement the matter of local priority. 5 Highlands Plan Conformance Guidelines (d) Transfer of Development Rights Program Grant Funds: 1. Feasibility Grant Program. Any municipality seeking to assess the potential for locating a TDR Receiving Zone in the community is eligible for assistance under the Highlands Council Voluntary Receiving Zone Feasibility Grant Program. Municipalities will receive both financial support and technical assistance from the Highlands Council. Participation requires a commitment by the municipality to fully evaluate the feasibility and desirability of creating a receiving zone. 2. Impact Fees and Enhanced Planning Grants. Any municipality whose municipal master plan and development regulations have been approved by the Highlands Council as being in conformance with the Regional Master Plan and that amends its development regulations to accommodate voluntary receiving zones within its boundaries providing for a minimum residential density of five dwelling units per acre, will be eligible for the following in accordance with the specific provisions of Section 13 of the Highlands Act: a. An enhanced planning grant of up to $250,000; b. A grant to reimburse the reasonable costs of amending the municipal development regulations; c. The authority to impose impact fees; d. The entitlement to legal representation; e. Priority status in the Highlands Region for any State capital or infrastructure programs; and f.
Eligibility for any other appropriate assistance, incentives, or benefits provided pursuant to Section 18 of the Highlands Act. (e) Tax Stabilization Funds. Conforming municipalities shall be eligible for a distribution from the Highlands Municipal Property Tax Stabilization Fund pursuant to the Highlands Act. Distributions from the Highlands Municipal Property Tax Stabilization Fund shall be made by the Highlands Municipal Property Tax Stabilization Board. (f) Strong Presumption of Validity, Extraordinary Deference, and Burden of Proof. The master plan and development regulations of any municipality and the county master plan and associated regulations of any county which have been approved by the Highlands Council as in conformance with the Regional Master Plan shall be entitled to a strong presumption of validity. In any cause of action filed against such a local government unit and contesting an action or decision of the local government unit taken or made under authority granted pursuant to the Municipal Land Use Law, the State Uniform Construction Code Act, or the Highlands Act, the Highlands Act requires that the court shall give extraordinary deference to the local government unit, provided that the municipal or county master plan and associated regulations have been approved by the Highlands Council as being in conformance with the Regional Master Plan. The plaintiff shall have the burden of proof to demonstrate by clear and convincing evidence that the act or decision of any such local government unit was arbitrary, capricious, or unreasonable or in patent abuse of discretion. (g) Legal Representation. The Highlands Council shall provide legal representation to any requesting local government unit located in the Highlands Region in any cause of action filed against the local government unit and contesting an action or decision of the local government unit taken or made 6 Highlands Plan Conformance Guidelines under authority granted pursuant to the Municipal Land Use Law, the State Uniform Construction Code Act, or the Highlands Act, provided that: 1. The municipal or county master plan and associated regulations have been approved by the Highlands Council as being in conformance with the Regional Master Plan; 2. The Highlands Council determines that the act or decision of the local government unit which is the subject of the cause of action is consistent with the Regional Master Plan; and 3. The act or decision of the local government unit that is the subject of the cause of action involves an application for development that provides for the ultimate disturbance of two acres or more of land or a cumulative increase in impervious surface by one acre or more. (h) Plan Conformance deemed equivalent to State Plan Endorsement. Any municipality or county or portion thereof located in the Preservation Area shall be exempt from the plan endorsement process established in the rules and regulations adopted by the State Planning Commission. Upon State Planning Commission endorsement of the Regional Master Plan adopted by the Highlands Council, Highlands Council approval of any municipal master plan and development regulations or county master plan and associated regulations through the Plan Conformance process, for lands in the Planning Area, shall be deemed the equivalent of having those plans endorsed by the State Planning Commission and such entities shall be entitled to any applicable plan endorsement benefits. Plan Conformance Process Overview Meetings and Information Packets (a) Highlands municipalities and counties may request that the Highlands Council conduct an overview meeting to provide an overview of the Regional Master Plan and the process for Plan Conformance. The overview will describe the tasks and products required to achieve conformance and the procedures that will be followed. (b) On request, the Council will provide each jurisdiction with an individualized information packet including maps and technical data specific to each entity, along with these Plan Conformance Guidelines. Initial Assessment and RMP Updates (a) Each jurisdiction must review the Regional Master Plan against local information to determine whether factual discrepancies exist that may require RMP Updates. This step is vital to the process of Plan Conformance to ensure that local planning efforts and Highlands Council review of those efforts are based on the same, accurate, and most up‐to‐date information available, thus ensuring a sound basis for review and decision‐making. The RMP Update Program, as set forth in Chapter 6 of the Regional Master Plan, provides that RMP Updates, which consist of factual corrections and updates to Highlands maps, data, and technical information, must be documented by the local entity seeking them, and provided in a manner allowing for verification by the Highlands Council. It is important to note that this process may, on a case‐by‐case basis, result in changes to the 7 Highlands Plan Conformance Guidelines configuration and boundary lines of the affected Land Use Capability Zone Map. Such changes could significantly alter certain aspects forming the basis of the local planning effort as well as the Council’s review of its petition for Plan Conformance. (b) Each jurisdiction seeking Plan Conformance must conduct an initial self‐assessment. This will require a preliminary review for consistency between the local planning documents and programs, and the provisions and requirements of the Regional Master Plan. It begins with a checklist comparison, to determine the presence/absence of various required elements, followed by a review to assess the level of conformance of existing materials. This process should provide a general understanding of the scope of work required to achieve Plan Conformance and allows for a rough estimate of the time, effort, and cost involved in completing it. (c) All Highlands jurisdictions are encouraged to seek Initial Assessment grant funding from the Highlands Council to address these steps in the Plan Conformance process. Initial Assessment grant funding may be used to review the Regional Master Plan, to submit requests for RMP Updates, to conduct a preliminary review of local planning documents for consistency with the Regional Master Plan, and to determine the scope of work that will be required to achieve Plan Conformance. Initial Assessment grants may also be used to consider conformance for lands in the Planning Area and to gather all of the information necessary to decide whether to voluntarily bring them into conformance with the Regional Master Plan. Notice of Intent (a) Each jurisdiction required to conform, or seeking to conform with the Regional Master Plan, shall submit a Notice of Intent to petition the Highlands Council. The Notice of Intent must be adopted by formal resolution of the applicable governing body at a duly‐noticed public meeting. For jurisdictions split between Planning and Preservation Areas, the Notice of Intent must indicate whether it is the intent of the governing body to include the Planning Area in the petition. (b) A Notice of Intent is not binding with respect to lands within the Planning Area and places the Highlands Council on notice to provide assistance and prepare for a Petition for Plan Conformance. (c) For jurisdictions with any lands in the Preservation Area, a Notice of Intent must be submitted as soon as practicable, but not later than February 1, 2009. (d) Any Notice of Intent must indicate a target date for submission of the Petition for Plan Conformance. Petition Development (a) During the Plan Conformance Process, the Highlands Council will assist local governments in developing petitions that meet the requirements of the Regional Master Plan and that recognize the unique conditions of each local jurisdiction. Some communities seeking to conform will need to make fundamental changes to their master plan and develop new master plan elements to demonstrate conformance with the Regional Master Plan, while others may find that modest revisions and updates to their existing master plan and elements are all that is necessary to achieve conformance with the Regional Master Plan. 8 Highlands Plan Conformance Guidelines (b) In all jurisdictions seeking to conform to the Regional Master Plan, however, changes will need to be made to the procedures and standards that the local government uses to oversee and regulate land uses and development. Basic Plan Conformance and Plan Conformance (a) The Highlands Act requires a 9 to 15 month timeframe for submission of Preservation Area petitions and also provides that a Plan Conformance Petition may be approved by the Highlands Council with conditions. To address these provisions of the Highlands Act, the Council requires that Basic Plan Conformance address immediate mandatory components at the outset of the process with the more complex tasks to be completed in accordance with an Implementation Plan and Schedule as a condition of Basic Plan Conformance. (b) Basic Plan Conformance will require the adoption of plans and regulations that are immediately necessary to ensure protection of Highlands resources and resource areas. The Highlands Council will provide model supplements for municipal and county master plans and regulatory documents which may be used for these purposes. These will also assist local governments in quickly developing a Petition for Plan Conformance. Plan Conformance Petition Documents Documents Required for Petition Completeness (a) A Petition for Plan Conformance shall include a comprehensive package of planning and implementation documents. These documents shall address all issues specifically identified in the Regional Master Plan as a required element of Plan Conformance. In addition, the documents may address issues identified in the Regional Master Plan as discretionary elements of Plan Conformance. These documents shall be internally consistent and shall demonstrate conformance with the Regional Master Plan. The Petition shall include an electronic version of all documents and data files in a program or programs compatible with Highlands Council computer systems, and one (1) hard copy of all documents. (b) All Petitions for Plan Conformance shall include the following: 1. Preservation Area Resolution. For any petition involving Preservation Area lands, a certified resolution of the governing body endorsing the proposed planning program revisions, as applicable, and petitioning the Highlands Council for a determination of Plan Conformance. 2. Planning Area Ordinance. For any petition involving Planning Area lands, a copy of the ordinance adopted pursuant to Section 15 of the Highlands Act, petitioning the Highlands Council for a determination of Plan Conformance. Counties have the option, under Section 15, to petition the Highlands Council by resolution or by ordinance. 3. Checklist. A completed Plan Conformance Checklist (see sample Checklist in Appendix) indicating the status of each item listed therein. 9 Highlands Plan Conformance Guidelines 4. RMP Updates. To the extent applicable, any RMP Update requests. If none are requested, the Petition shall so indicate. 5. Planning Program Documents. Proposed substantive revisions, updates and/or supplements to the master plan, land use regulations, management plans, redevelopment plans, and various other planning documents, required to achieve Plan Conformance. Submission items are listed separately for counties and municipalities in the sections that follow. 6. Map Adjustments. If applicable, any requests for Map Adjustments along with all information, justification, and evidence in support of same as set forth and required under the Map Adjustments Program (Regional Master Plan, Chapter 6) and procedures. If the petitioner seeks no Map Adjustments, the Petition shall so indicate. 7. Self‐Assessment Report and Implementation Plan. A report discussing: a) all progress made by the jurisdiction toward achieving Plan Conformance as of the date of the petition; b) the steps remaining to achieve Plan Conformance; and c) a proposed Implementation Plan and Implementation Schedule charting the outstanding items along a timeline and specifically indicating the completion and implementation dates for each. Documents Required for Municipal Petitions (a) The documents listed below must be included in a municipal Petition for Plan Conformance. The Self‐Assessment Report shall specify, if applicable, the status of each item and the level of preparedness toward achieving Plan Conformance. 1. Environmental Resource Inventory 2. Environmental/Infrastructure Capacity Analysis (including a Land Use Capability Analysis, a Limiting Factor Analysis, and local Build‐Out Analysis). 3. Municipal Master Plan, including: i. Statement of Policies, Goals & Objectives ii. Land Use Plan Element iii. Housing Plan Element iv. Conservation Plan Element v. Utility Service Plan Element vi. Circulation Plan Element vii. Recreation and Open Space Plan Element viii. Agriculture Retention/Farmland Preservation Plan Element (if applicable) ix. Community Facilities Plan Element x. Sustainable Economic Development Plan Element xi. Historic and Cultural Preservation Plan Element xii. Development Transfer Plan (if applicable) xiii. Statement of Relationship to local and county master plans, the Highlands Regional Master Plan and the SDRP 4. Master Plan Reexamination Reports (prior 10 years) 10 Highlands Plan Conformance Guidelines 5. Zoning/Land Use Ordinances & Development Regulations, including i. Water Use & Wastewater Treatment Regulations (including septic systems, and whether by land use limitations or specific regulatory provisions) ii. Development Application Checklist Ordinances iii. Cluster Development Ordinance Provisions 6. Management Plans i.
ii.
iii.
iv.
v.
vi.
Ground Water Recharge Protection and Mitigation Plan Water Use and Conservation Management Plan Wellhead Protection Plan Wastewater Management Plan Septic System Management/Maintenance Plan Stormwater Management Plan 7. Resource Protection & Supporting Regulations/Plans i. Open Water and Riparian Areas ii. Ground Water Recharge iii. Well Head Protection iv. Stormwater v. Steep Slopes vi. Carbonate Rock vii. Forest Areas viii. Agricultural/Right to Farm ix. Open Space Monitoring/Stewardship x. Critical Habitat xi. Lake Management xii. Low Impact Development xiii. Historic, Cultural, & Scenic (discretionary) 8. Zoning Map and Schedule of Requirements 9. Redevelopment and/or Rehabilitation Plans (Adopted or Proposed, if applicable, and whether pursuant to the Local Redevelopment and Housing Law N.J.S.A. 40A:12A‐1 et seq., or not) 10. Official Map Documents Required for County Petitions (a) The documents listed below must be included in a county Petition for Plan Conformance. The Self‐
Assessment Report shall specify, if applicable, the status of each item and the level of preparedness toward achieving Plan Conformance. 1. County Master Plan & Management Plans, including: i.
Statement of Policies, Goals, & Objectives 11 Highlands Plan Conformance Guidelines ii. Land Use Plan Element iii. Environmental Resource Inventory iv. Conservation Plan Element, including : 1)
2)
3)
4)
Ground Water Recharge Protection & Mitigation Policy Wellhead Protection Policy Stormwater Management Policy County Facilities Planning Policy v. Wastewater Management Plan vi. Transportation/Circulation Plan Element vii. Open Space & Recreation Plan Element viii. Agriculture Retention/Farmland Preservation Plan Element ix. Historic Preservation Plan Element x. Statement of Relationship to local and county master plans, Highlands Regional Master Plan and the SDRP 2. Water and Wastewater Analyses (including Land Use Capability Analysis Limiting Factor Analysis, and Build‐Out Analysis) 3. Development Review and Site Plan and Subdivision Regulations including: i. Development Application Submission Checklists ii. Filing/Recording Procedures 4. Resource Protection & Supporting Policies/Regulations (as applicable). At the County level, these would apply to county facilities management and in review of development applications. i. Open Water and Riparian Areas ii. Ground Water Recharge iii. Well Head Protection iv. Stormwater v. Steep Slopes vi. Carbonate Rock vii. Forest Areas viii. Agricultural/Right to Farm ix. Critical Habitat x. Lake Management xi. Low Impact Development xii. Historic, Cultural, & Scenic (discretionary) 5. Official Map Discretionary Documents (a) The following documents are discretionary elements for Plan Conformance that may be submitted by a petitioning county or municipality: 1. Recycling Plan Element; 12 Highlands Plan Conformance Guidelines 2. Capital Improvement Program; 3. Long‐term capital programs of the local and/or regional public school districts; 4. A listing of priority projects or other matters fundamental to the provision, improvement, enhancement, or restoration of infrastructure, public facilities, or any other matter that may require the funding, implementation or active participation of a State Agency; and 5. Any other document, plan, or exhibit of any kind that the petitioner believes will support the petition for Plan Conformance. Initial Revisions (a) Initial Revisions are those revisions of the existing master plan and development regulations which are deemed necessary by the Highlands Council for prompt enactment by a petitioning local government in order to ensure the protection and enhancement of the resources of the Highlands Region during the time that a petition is undergoing Plan Conformance review. All Plan Conformance Petitions shall include the following as draft ordinances and planning documents or demonstrate that these requirements are not necessary for Basic Plan Conformance. (b) Adoption of the Land Use Capability Zone Map and the relevant provisions of the Regional Master Plan as an overlay zoning district that supplements the existing zoning ordinance for all lands within the Preservation Area at a minimum, and for all lands within Planning Area if included in the Petition. In this manner, the Land Use Capability Zone Map will act as a supplemental overlay district to the existing Zoning Map until such time as the municipal Zoning Map has been further revised or updated as needed to be in conformance with the Regional Master Plan. (c) Revision of the municipal or county development review ordinance to require the provision of notice by the applicant to the Highlands Council for all non‐exempt applications for development for all lands within the Preservation Area at a minimum, and for all lands within the Planning Area if included in the Petition, and the provision of notice to the Council by the local government of any formal action on the application. (d) Adoption of a new or revised development review completeness checklist ordinance to include (in addition to all other items necessary for Board review of the application) provisions requiring that any application for development not be deemed complete until such time as the following documents have been submitted by the applicant: 1. For projects that are exempt from the requirements of the Highlands Act: a. In the Preservation Area, a Highlands Applicability Determination issued pursuant to N.J.A.C. 7:38 by NJDEP; b. In the Planning Area, within a conforming jurisdiction, a Highlands Planning Area Exemption Determination issued pursuant to N.J.S.A. 13:30‐28 by the Highlands Council; and c. A Letter of Interpretation or Letter of Exemption issued by the New Jersey Department of Environmental Protection pursuant to the requirements of the Freshwater Wetlands 13 Highlands Plan Conformance Guidelines Protection Act rules at N.J.A.C. 7:7A, where applicable, indicating the absence of freshwater wetlands, indicating the presence and verifying the delineation of the boundaries of freshwater wetlands, or indicating that the project or proposed activities to be conducted are exempt from the Freshwater Wetlands Protection Act regulations. 2. For projects in the Preservation and or Planning Area, where a project or proposed activity has not been determined to be exempt from the Highlands Act: a. For applications for development in the Preservation Area, a Highlands Preservation Area Approval issued by NJDEP pursuant to the Highlands Water Protection and Planning Act rules at N.J.A.C. 7:38; b. A Highlands Consistency Determination issued by the Highlands Council; c. Specific checklist items required in compliance with Resource Protection Regulations adopted to achieve Plan Conformance; and d. A Letter of Interpretation or Letter of Exemption issued by the New Jersey Department of Environmental Protection pursuant to the requirements of the Freshwater Wetlands Protection Act regulations at N.J.A.C. 7:7A, where applicable, indicating the absence of freshwater wetlands, indicating the presence and verifying the delineation of the boundaries of freshwater wetlands, or indicating that the project or proposed activities to be conducted are exempt from the Freshwater Wetlands Protection Act regulations. (e) Adoption of an ordinance specifying that where a Highlands Consistency Determination finds that a project is not consistent with the Regional Master Plan, no application for development may be deemed complete under a checklist ordinance unless the applicant provides plans and other documentation as necessary which demonstrates that all aspects of the project previously deemed inconsistent with the Regional Master Plan have been revised to be consistent with the Plan, and provides a statement from the design professionals affirming that all issues raised by the Highlands Council have been addressed. The ordinance shall include a provision that recognizes that if a dispute arises with regard to the pre‐established local standards or implementation of local regulations and the minimum standards of Regional Master Plan, the minimum standards of the Regional Master Plan will govern where more stringent. Submission Waivers (a) The Executive Director may waive the submission of an item required for petition completeness where it is demonstrated that: 1. The item is not relevant for a Petition for Plan Conformance; or 2. The particular circumstances or conditions of the jurisdiction do not warrant the development of a new or revised item that is otherwise required for petition completeness in order to demonstrate conformance with the Highlands Regional Master Plan. 14 Highlands Plan Conformance Guidelines (b) A submission waiver by the Executive Director shall in no event preclude the Highlands Council from requiring the waived item later in the process of Plan Conformance, should it be found necessary to complete a full and fair review for Plan Conformance. Process for Review of Plan Conformance Petitions Notice of Petitions (a) Within ten (10) days of receipt of a Petition for Plan Conformance, the Executive Director shall provide public notice of receipt of the Petition on the Highlands Council’s website and, as soon as feasible thereafter, regularly update the website to include appropriate Petition information. (b) The Executive Director shall review and deem Plan Conformance Petitions for administrative completeness within 60 days of receipt. The Executive Director shall inform the petitioner of these findings in writing. In the event a petition is deemed administratively incomplete, the letter shall specify the deficiencies and the timeframe (if applicable) within which they must be corrected. A finding of administrative completeness shall in no event preclude the Highlands Council from requesting such additional information as may prove necessary during the process of its review, to clarify, complete, correct or modify a petition in the interest of ultimately achieving Plan Conformance. (c) Where a Petition for Plan Conformance is determined to be administratively complete, the Executive Director shall undertake a review of the petition to determine whether or not the submission adequately and comprehensively addresses the requirements of the Regional Master Plan. (d) During the course of these reviews, the Executive Director shall periodically provide updates to the Highlands Council as to the status of any petition under review. (e) After completing the petition review, the Executive Director shall prepare a report making recommendations regarding one or more of the following actions: 1. The waiver of submission of an item required for the administrative completeness of a Petition where a petitioning municipality or county demonstrates that the particular circumstances or conditions of the municipality or county do not warrant or require its submission; 2. The approval, rejection, or approval with conditions of any revisions to the master plan and/or development regulations that have been submitted in the Petition for Plan Conformance; 3. Where the Executive Director conditionally recommends the approval of a Petition for Plan Conformance, such recommendation shall include a local implementation schedule that specifies a date certain by which any conditions must be satisfied; 4. Where the Executive Director conditionally recommends the approval of a Petition for Plan Conformance, the recommendation shall specify which benefits, including planning grants and technical assistance, may be made available to the petitioner and the conditions required to be fulfilled to receive such benefits. 15 Highlands Plan Conformance Guidelines (e) While undertaking a review of a Petition involving lands in the Planning Area, the Executive Director of the Highlands Council shall consult with and solicit comments from the State Planning Commission relative to the petition for any lands in the Planning Area. (g) Where the Executive Director has recommended rejection, or approval with conditions of any revisions to the master plan and/or development regulations that have been submitted in the Petition for Plan Conformance, the municipality or county may request that the Highlands Council defer action on the petition. The municipality or county may be granted deferral of action for a time to be specified by the Executive Director to resubmit the petition with such modifications as the petitioning jurisdiction deems necessary to address the Executive Director’s recommendation, pursuant to the procedure outline above. The Executive Director may then choose to modify the recommendation on the basis of the petition modifications, without a new completeness review. Public Hearings on Plan Conformance Petitions (a) Upon the release of the Executive Director’s draft report to the Highlands Council, the Executive Director may set and give notice of the date, time and place for a public hearing for consideration of the Petition prior to the preparation of a final report to the Highlands Council. (b) Upon receipt of the final report of the Executive Director, the Highlands Council shall conduct such deliberations as needed and shall, within 60 days of the date of receipt of the final report, approve, reject, or approve with conditions the revised master plan and development regulations and any other aspects of the petition as it deems appropriate. The Highlands Council decision shall be by resolution, with an opportunity for public comment. Nothing herein shall preclude an extension of the 60‐day time period, by consent of the Petitioner. (c) Upon rejecting or conditionally approving any Petition for Plan Conformance, the Highlands Council shall identify such changes therein that it deems necessary for Council approval thereof. In such instances, the Council will indicate whether it requires continued or additional public hearings in order to properly consider the matter. (d) Where the Council approves a Plan Conformance petition that includes an Implementation Plan, adherence to that Plan and to a Council‐approved Implementation Schedule shall be made a condition of the approval. (e) The Highlands Council shall adopt a memorializing resolution on each Petition for Plan Conformance providing its findings, conclusions, and final determination in the matter and a listing of any conditions pertaining thereto, a copy of which shall be provided to the petitioner within ten (10) days of its adoption. (f) Within 15 days of the formal determination of the Highlands Council, the Executive Director shall provide public notice of the determination on the Highlands Council web site and any other notices as legally required. Failure to Obtain or Fulfill Terms of Plan Conformance Approval (a) In the event that any municipality or county fails to adopt or enforce an approved revised master plan, development regulations, or other regulations, as the case may be, including any condition 16 Highlands Plan Conformance Guidelines thereto imposed by the Highlands Council, as required by the Highlands Act and these Guidelines, the Highlands Council shall enforce such rules and regulations as may be necessary to implement the minimum standards contained in the Regional Master Plan as applicable to any county or municipality with lands or waters within the Preservation Area. (b) If any municipality or county fails to adopt or enforce an approved revised master plan, development regulations, or other regulations pertinent to the Preservation Area, as the case may be, including any condition thereto imposed by the Highlands Council, as required pursuant to the Highlands Act and these Guidelines, all local enforcement authority provided to the municipality or county pursuant to the Municipal Land Use Law or the County Planning Act shall be forfeited to the Highlands Council for that portion of the Preservation Area. The Highlands Council shall in addition, have all authority under the Highlands Act, as well as the authority to issue stop construction orders, as may be necessary to implement the provisions of the Highlands Act, any rules and regulations adopted pursuant thereto, and the requirements and provisions of the Regional Master Plan. Period of Plan Conformance and Conformance Amendments (a) The period of an Approval of Plan Conformance shall be for a period of no more than six (6) years, or until six (6) months after the completion of a reexamination by a municipality of its master plan and development regulations as required by the Municipal Land Use Law, or until one (1) year after the Highlands Council adopts its six‐year reexamination of the Regional Master Plan, whichever time period is the shorter. The six (6) month and one (1) year periods provided herein allow time for the submittal and processing of local petitions for a re‐examination of Plan Conformance before the Highlands Council. (b) Upon the commencement of each reexamination by a municipality or county of its master plan and development regulations and where these plans and regulations have been previously approved by the Highlands Council to be in conformance with the Regional Master Plan pursuant to the Highlands Act, the municipality or county shall so notify the Council and, thereafter, submit to the Council for review the Reexamination Report and/or any proposed revisions of its master plan and development regulations, to determine conformance with the Regional Master Plan. (c) If, after conducting a reexamination, the municipality or county does not resubmit to the Council its master plan and development regulations as they pertain to the Planning Area and obtain reapproval thereof from the Council in accordance with the Highlands Act and these Guidelines, or if the Council finds the reexamined master plan or development regulations not to be in conformance with the Regional Master Plan, the Council may deem the jurisdiction as not in conformance with the Regional Master Plan and require the jurisdiction to reimburse the Council or the State, as appropriate, in whole or in part for any financial or other assistance or incentives received from the State as a benefit or result of obtaining Council approval. (d) No amendment to any master plan or development regulations of a conforming county or municipality shall be effective until the county or municipality shall have submitted such amendment to the Highlands Council and such amendment has been found by the Council to be in conformance with the Regional Master Plan, or the Executive Director has notified the county or municipality that such amendment does not affect the Highlands Council’s prior finding of conformance of the master plan or development regulations with the Regional Master Plan. 17 Highlands Plan Conformance Guidelines (e) Following the receipt of any amendment to a conforming master plan or development regulations, the Executive Director shall determine whether or not the amendment raises a substantive issue with respect to the conformance of the county or municipal master plan or development regulations with the Regional Master Plan. If the Executive Director determines no such substantive issue is raised, the Executive Director shall certify such fact to the clerk of the county or municipality and to the Highlands Council, and shall provide public notice on the Highlands Council web site, and such amendment shall thereupon take effect in accordance with its terms and applicable law. (f) If the Executive Director determines that the amendment raises a substantive issue with respect to the conformance of the amended county or municipal master plan or development regulations to the Regional Master Plan, the amended county or municipal master plan or development regulations shall be reviewed in accordance with these guidelines and the Executive Director shall so inform the county and municipal clerk. (g) The Highlands Council may revoke a conformance approval granted pursuant to the Highlands Act, after conducting a public hearing, if the Council finds that the local government unit has taken action inconsistent with the Regional Master Plan. 18 Highlands Plan Conformance Guidelines Supporting Information Acknowledgments Glossary Appendix 19 supporting information
ACKNOWLEDGEMENTS
The New Jersey Highlands Council gratefully acknowledges:
Jon S. Corzine | Governor of the State of New Jersey
for his commitment to the protection and preservation of the
Highlands and for his support of the work of the Council.
The New Jersey Highlands Council also acknowledges the assistance of the individuals and agencies
listed below, as well as others we may have missed, whose knowledge, expertise, commitment, and
perspective were enormously helpful:
The Governor’s Office and his Cabinet in particular the following individuals:
Lisa Jackson | Commissioner of the Department of Environmental Protection
Charles Kuperus | Secretary of the Department of Agriculture
Adam Zellner | Director of Policy
Nancy Belonzi | Policy Advisor
James A. Carey, Jr. | Director of the Authorities Unit
Hope L. Cooper | Director of Administration
Debbie Mans & Matthew Boxer | Former Governor’s Office Staff
Former Council Members, Lois Cuccinello, Mikael Salovaara, Ben Spinelli, and Eileen Swan,
for their dedication and assistance in the development of the Highlands Regional Master Plan.
Former Staff Members for their dedication and assistance in the development
of the Highlands Regional Master Plan:
Steve Balzano
Nancy Benecki
Emery Coppola
Anthony Cortese
Beth Crusius
Dante DiPirro
Chris Frost
Chuck Gallagher
Denise Guidotti
Aaron Kardon
Geoffrey Knapp
Ross MacDonald
Elizabeth Maziarz
Susan Schmidt
Patricia Sly
Lynn Brass-Smith
Laura Szwak
Erin M. Thomsen
Lisa K. Voyce
Gail Yazersky
Adam Zellner
The following individuals who worked in Chester with Council staff for their dedicated
assistance in the preparation of the Highlands Regional Master Plan:
Ronald Farr | North Jersey District Water Supply Commission
Dag Madara | North Jersey District Water Supply Commission
Daniel Bello | New Jersey Department of Environmental Protection
Rick Brown | New Jersey Department of Environmental Protection
Debbie Alaimo Lawlor | New Jersey Meadowlands Commission
Ted Pallis | New Jersey Department of Environmental Protection
Supporting information
Former graduate studies interns:
David Ercolano
David Mello
Chris Percival
Andrew Szwak
Katarzyna Warzecha
The following individuals for their written contributions to the Highlands Regional Master Plan:
Nick Angarone | New Jersey Department of Environmental Protection
Lawrence Baier | New Jersey Department of Environmental Protection
Vivian Baker | New Jersey Transit
Brent Barnes | New Jersey Department of Transportation
Kevin Berry | New Jersey Department of Environmental Protection
Fred Bowers | New Jersey Department of Environmental Protection
Robert Canace | New Jersey Department of Environmental Protection
Robert Cartica | New Jersey Department of Environmental Protection
Susan Craft | State Agriculture Development Committee
Steven Domber | New Jersey Department of Environmental Protection
H. David DuMont | New Jersey Department of Environmental Protection
Ted Gable | Picatinny Arsenal
Dorothy Guzzo | New Jersey Department of Environmental Protection
Barbara Hirst | New Jersey Department of Environmental Protection
Jeffrey Hoffman | New Jersey Department of Environmental Protection
Nancy Kempel | New Jersey Department of Environmental Protection
Sandy Krietzman | New Jersey Department of Environmental Protection
Leigh Lager | New Jersey Department of Environmental Protection
Louis Millan | New Jersey Transit
Monique Purcell | New Jersey Department of Agriculture
Michelle Putnam | New Jersey Department of Environmental Protection
Michael Serfes | New Jersey Department of Environmental Protection
Amy Shallcross | New Jersey Water Supply Authority
Angela Skowronek | New Jersey Department of Environmental Protection
Ben Spinelli | Office of Smart Growth
Lawrence Thornton | New Jersey Department of Environmental Protection
Elena Williams | New Jersey Department of Environmental Protection
Peter Winkler | New Jersey Department of Environmental Protection
Yongzhen (Jen) Zhang | New Jersey Water Supply Authority
ACKNOWLEDGEMENTS
The following agencies for their assistance in providing information and advice that
aided in the preparation of the Highlands Regional Master Plan:
Garden State Preservation Trust
New Jersey Commerce Commission
New Jersey Council on Affordable Housing
New Jersey Department of Agriculture
New Jersey Department of Banking and Insurance
New Jersey Department of Community Affairs
New Jersey Department of Environmental Protection
New Jersey Department of Law and Public Safety
New Jersey Department of Transportation
New Jersey Department of the Treasury
New Jersey Economic Development Authority
New Jersey Environmental Infrastructure Trust
New Jersey Meadowlands Commission
New Jersey Pinelands Commission
New Jersey Redevelopment Authority
New Jersey State Agriculture Development Committee
New Jersey Transit
New Jersey Water Supply Authority
North Jersey District Water Supply Commission
North Jersey Transportation Planning Authority
Office of Smart Growth
Pinelands Development Credit Bank
State Planning Commission
State Transfer of Development Rights Bank
United States Environmental Protection Agency
United States Department of the Interior, Fish & Wildlife Service
United States Department of Agriculture, Natural Resources Conservation Service
Supporting information
The following agencies and organizations that were retained by the Council
to provide technical support, information, and analysis, in the preparation of
the Highlands Regional Master Plan:
AKRF, Inc.
Civil Solutions
Consilience, LLC
Demicco & Associates, Inc.
Fountain Spatial Inc. (aka Applied GIS, Inc.)
Hatch Mott Macdonald
Integra Realty Resources
Lane H. Kendig of Kendig Keast Collaborative
New Jersey Water Supply Authority
Photo Science
Quadra Graphics, Inc.
Rutgers University, Center for Remote Sensing and Spatial Analysis
Rutgers University, Center for Urban Policy Research
Rutgers University, Alan M. Voorhees Transportation Center
Rutgers University, National Center for Neighborhood and Brownfield Redevelopment
URS Corporation
U.S. Army Corps of Engineers
U.S. Geological Survey
VERTICES, LLC
The following Technical Advisory Committees for their assistance in
providing technical advice and information that aided in the preparation
of the Highlands Regional Master Plan:
Brownfield Redevelopment
Community Investment
Cultural and Historic Resources
Ecosystem Management
Eco-Tourism and Recreation
Education
Geographic Information Systems
Green Construction
Housing
Land Preservation
Land Use Planning
Regional Development and Design
Sustainable Agriculture
Sustainable Forestry
Transfer of Development Rights
Transportation
Utility Capacity
Water Resource Management
Dwight Hiscano, who provided much of the wonderful and descriptive
photography that accompanies the Highlands Regional Master Plan.
Additional photography credit: front cover, left to right: Wilma Frey, Nathan McLean, Mick Valent,
Dwight Hiscano; back cover, left to right: Dwight Hiscano, Nathan McLean, Nathan McLean, Dwight Hiscano.
The many, many individuals, non-profit groups, and local government officials who informed
and enriched the development of the Regional Master Plan through their participation at
Council meetings and public hearings, and through their written comments and suggestions.
Highlands Plan Conformance Guidelines Glossary The following words and terms, when used above, shall have the following meanings unless the context clearly indicates otherwise: “Approval” means the approval by the Highlands Council, with or without conditions, of a Plan Conformance petition. “Application for development" means the application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D‐1 et seq. or 40:27‐1 et seq., for any use, development, or construction. “Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law. "Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to Municipal Land Use Law. “Highlands Act” means the Highlands Water Protection and Planning Act, P.L. 2004, c. 120, as amended, codified in part at N.J.S.A. 13:20‐1 et seq. "Highlands Region" means all that area within the boundaries of the municipalities listed in subsection a. of section 7 of the Highlands Act. "Local government unit" means a municipality, county, or other political subdivision of the State, or any agency, board, commission, utilities authority or other authority, or other entity thereof. "Master plan" means, for a municipality, a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D‐28), and for a county, means a composite of the master plan for the physical development of the county, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to N.J.S.A. 40:27‐2. “Notice of Intent” means a resolution passed by the governing body of a local government that expressly notes that the local government desire to investigate the scope and range of tasks needed to be undertaken by the local government to gain Plan Conformance approval. "Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to N.J.S.A. 40:27‐5. Highlands Plan Conformance Guidelines "Official municipal map" means a map adopted by ordinance pursuant to article 5 of the Municipal Land Use Law (N.J.S.A. 40:55D‐32‐36). “Petition for Plan Conformance” means a petition submitted by a municipality or county with revised master plans and development regulations to conform with the goals, requirements, and provisions of the Regional Master Plan. “Plan Conformance” means the process for the submission of petitions by municipalities and counties and the review by the Highlands Council of revised master plans and development regulations to conform with the goals, requirements, and provisions of the Regional Master Plan. "Regional Master Plan" means the Highlands regional master plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20‐8. "State Development and Redevelopment Plan" means the State Development and Redevelopment Plan adopted pursuant to N.J.S.A. 52:18A‐196 et seq. Highlands Plan Conformance Guidelines Appendix SAMPLE Municipal Plan Conformance Checklist SAMPLE County Plan Conformance Checklist MUNICIPAL PLAN CONFORMANCE PETITION SAMPLE SUBMISSION CHECKLIST GENERAL SUBMISSION ITEMS (9) or N/A 1. Preservation Area Resolution. Certified governing body resolution endorsing the proposed planning program revisions and petitioning the Highlands Council for Plan Conformance. 2. Planning Area Ordinance. For Planning Area lands, copy of adopted ordinance petitioning the Highlands Council for a determination of conformance with Regional Master Plan. 3. Checklist. This completed Plan Conformance Checklist. 4. RMP Updates. To the extent applicable, corrections and/or updates to RMP maps, charts, and technical data along with verifiable documentation in support. If none are requested, indicate “N/A,” not applicable. 5. Planning Program Documents. Proposed substantive revisions, updates and/or supplements to the master plan, land use regulations, management plans, redevelopment plans, and various other planning documents, required to gain conformance with the RMP. 6. Map Adjustments. If applicable, requests for changes in Land Use Capability Zone Map designations along with information, justification, and evidence in support of same. If none are requested, indicate “N/A.” 7. Self‐Assessment Report. Report discussing: a) progress made toward achieving Plan Conformance as of the date of petition; b) steps remaining to achieve full Plan Conformance; and c) general plan and anticipated timeframe for completion. 8. Implementation Plan and Schedule. Proposed Implementation Plan and Implementation Schedule charting outstanding items on timeline and specifically indicating the completion and implementation dates for each. A‐1 MUNICIPAL PLANNING PROGRAM DOCUMENTS SUBMISSION ITEM 1. Environmental Resource Inventory 2. Municipal Master Plan a. Statement of Policies, Goals & Objectives b. Land Use Plan Element i. Up‐to‐Date Developed Land Inventory c. Housing Plan Element d. Conservation Plan Element e. Utility Service Plan Element f. Circulation Plan Element g. Recreation and Open Space Plan Element i. Up‐to‐Date Open Space Inventory h. Agriculture Retention/Farmland Preservation Plan Element (if applicable) i. Up‐to‐Date Preserved Farmland Inventory i. Community Facilities Plan Element j. Sustainable Economic Development Plan Element k. Historic and Cultural Preservation Plan Element (if applicable) l. Development Transfer Plan (if applicable) m. Statement of Relationship to other plans, Highlands RMP and SDRP 3. Master Plan Reexamination Reports 4. Zoning/Land Use Ordinances & Development Regulations a. Water Use & Wastewater Treatment Provisions Included b. Development Application Checklist Ordinance Included 5. Zoning Map and Schedule of Requirements 6. Official Map 7. Redevelopment and/or Rehabilitation Plans (Adopted or Proposed) 8. Environmental/Infrastructure Capacity Analysis a. Land Use Capability Analysis b. Limiting Factor Analysis A‐2 LEVEL OF PREPARATION: (9) or N/A ADDRESSES BASIC OR FULL PLAN CONFORMANCE? BASIC FULL REGIONAL MASTER PLAN SECTION REFERENCE(S) RMP Ch 3; Ch 5, Parts 1 & 2 Ch 3; Ch 5, Part 6 Ch 5, Part 6 Ch 3; Ch 5, Parts 1 & 2 Ch 5, Part 2 Ch 5, Part 5 Ch 5, Part 1 Ch 5, Part 3 Ch 5, Part 6 Ch 5, Part 8 Ch 5, Part 4 Ch 5, Part 7 Ch 5, Part 2 Ch 6, Part 2 Ch 5, Part 6 Ch 5, Part 6 Ch 5, Part 6 Ch 5, Part 6 MUNICIPAL PLANNING PROGRAM DOCUMENTS (9) or N/A SUBMISSION ITEM c. Build‐Out Analysis 9. Management Plans a. Water Use Conservation & Management Plan b. Ground Water Recharge Protection and Mitigation Plan c. Wellhead Protection Plan d. Wastewater Management Plan (County WMP may be used) e. Septic System Management/Maintenance Plan f. Stormwater Management Plan 10. Resource Protection & Supporting Regulations/Plans a. Open Water and Riparian Areas b. Ground Water Recharge c. Well Head Protection d. Stormwater e. Steep Slopes f. Carbonate Rock g. Forest Areas h. Agricultural/Right to Farm i. Open Space Monitoring/Stewardship j. Critical Habitat k. Lake Management l. Low Impact Development m. Historic, Cultural, & Scenic 11. Discretionary Items, List a. A‐3 LEVEL OF PREPARATION: ADDRESSES BASIC OR FULL PLAN CONFORMANCE? BASIC FULL REGIONAL MASTER PLAN SECTION REFERENCE(S) RMP Ch 5, Part 6 Ch 5, Part 2 Ch 5, Part 2 Ch 3; Ch 5, Part 2 Ch 5, Parts 2 & 6 Ch 5, Part 2 Ch 5, Part 2 Ch 5, Part 1 Ch 5, Part 2 Ch 5, Part 2 Ch 5, Part 2 Ch 4, Part 1 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 3 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 6 Ch 5, Part 4 COUNTY PLAN CONFORMANCE PETITION SAMPLE SUBMISSION CHECKLIST GENERAL SUBMISSION ITEMS (9) or N/A 1. Preservation Area Resolution. Certified Board of Chosen Freeholders resolution endorsing the proposed planning program revisions and petitioning the Highlands Council for Plan Conformance. 2. Planning Area Ordinance. For Planning Area lands, copy of adopted ordinance petitioning the Highlands Council for a determination of conformance with Regional Master Plan, in lieu of 1., above, if applicable. 3. Checklist. This completed Plan Conformance Checklist. 4. RMP Updates. To the extent applicable, corrections and/or updates to RMP maps, charts, and technical data along with verifiable documentation in support. If none are requested, indicate “N/A,” not applicable. 5. Planning Program Documents. Proposed substantive revisions, updates and/or supplements to the master plan, land use regulations, management plans, redevelopment plans, and various other planning documents, required to gain conformance with the RMP. 6. Map Adjustments. If applicable, requests for changes in Land Use Capability Zone Map designations along with Municipal Resolution, information, justification, and evidence in support of same. If none are requested, indicate “N/A.” 7. County Self‐Assessment Report. Report discussing: a) progress made toward achieving Plan Conformance as of the date of petition; b) steps remaining to achieve full Plan Conformance; and c) general plan and anticipated timeframe for completion. 8. Implementation Plan and Schedule. Proposed Implementation Plan and Implementation Schedule charting outstanding items on timeline and specifically indicating the completion and implementation dates for each. A‐4 (9) or N/A COUNTY PLANNING PROGRAM DOCUMENTS SUBMISSION ITEM 1. County Master Plan & Management Plans a. Statement of Policies, Goals & Objectives b. Land Use Plan Element c. Environmental Resource Inventory d. Conservation Plan Element i. Ground Water Recharge Protection & Mitigation Policy ii. Wellhead Protection Policy iii. Stormwater Management Policy iv. County Facilities Planning Policy e. Wastewater Management Plan f. Water Use & Conservation Management Plan g. Transportation/Circulation Plan Element h. Recreation and Open Space Plan Element i. Up‐to‐Date Open Space Inventory i. Agriculture Retention/Farmland Preservation Plan Element i. Up‐to‐Date Preserved Farmland Inventory j. Historic and Cultural Preservation Plan Element k. Statement of Relationship to other plans, Highlands RMP and SDRP 2. Development Review and Site Plan and Subdivision Regulations a. Development Application Submission Checklists b. Filing/Recording Procedures 3. Official Map 4. Water and Wastewater Analyses a. Land Use Capability Analysis b. Limiting Factor Analysis c. Build‐Out Analysis 5. Resource Protection & Supporting Regulations/Plans a. Open Water and Riparian Areas b. Ground Water Recharge A‐5 LEVEL OF PREPARATION:
ADDRESSES BASIC OR REGIONAL MASTER PLAN FULL PLAN SECTION REFERENCE(S) CONFORMANCE? BASIC FULL RMP Ch 3 Ch 3; Ch 5, Parts 1 & 2 Ch 3; Ch 5, Parts 1 & 2 Ch 5, Part 2 Ch 5, Part 2 Ch 5, Part 2 Ch 5, Part 6 Ch 5, Part 2 Ch 5, Part 2 Ch 5, Part 5 Ch 5, Part 1 Ch 5, Part 3 Ch 5, Part 4 Ch 6, Part 2 Ch 5, Part 2 Ch 5, Part 6 Ch 5, Part 6 Ch 5, Part 6 Ch 5, Part 1 Ch 5, Part 2 (9) or N/A COUNTY PLANNING PROGRAM DOCUMENTS SUBMISSION ITEM c. Well Head Protection d. Stormwater e. Steep Slopes f. Carbonate Rock g. Forest Areas h. Agricultural/Right to Farm i. Open Space Monitoring/Stewardship j. Critical Habitat k. Lake Management l. Low Impact Development m. Historic, Cultural, & Scenic n. Discretionary Items, List i. ii. iii. A‐6 LEVEL OF PREPARATION:
ADDRESSES BASIC OR REGIONAL MASTER PLAN FULL PLAN SECTION REFERENCE(S) CONFORMANCE? BASIC FULL RMP Ch 5, Part 2 Ch 5, Part 2 Ch 4, Part 1 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 3 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 1 Ch 5, Part 6 Ch 5, Part 4