State of New Jersey
Highlands Water Protection and Planning Council
CHRIS CHRISTIE
100 North Road (Route 513)
Chester, New Jersey 07930-2322
(908) 879-6737
(908) 879-4205 (fax)
www.highlands.state.nj.us
JIM RILEE
Chairman
Governor
EILEEN SWAN
Executive Director
KIM GUADAGNO
Lt. Governor
INCORPORATED BY REFERENCE INTO
HIGHLANDS COUNCIL RESOLUTION 2011-25
ADOPTED AUGUST 3, 2011
FINAL CONSISTENCY REVIEW
AND RECOMMENDATIONS REPORT
PETITION FOR PLAN CONFORMANCE:
TOWN OF HACKETTSTOWN, WARREN COUNTY
Prepared by the State of New Jersey Highlands Water Protection and
Planning Council in Support of the Highlands Regional Master Plan
JUNE 8, 2011
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
INTRODUCTION
This Final Consistency Review and Recommendations Report (“Report”) has been prepared by the Staff of
the Highlands Water Protection and Planning Council (“Highlands Council”). It provides review and
recommendations for consideration by the Highlands Council as to the consistency of the Petition for Plan
Conformance of the Town of Hackettstown, with the Highlands Regional Master Plan (RMP). The Report
provides review and discussion of each component of the Petition for Plan Conformance, in the order in
which they are set forth under submission guidelines provided to municipalities by the Highlands Council. It
begins with a brief summary of Staff findings, displayed in a table format, to provide an at-a-glance overview
of the results of Staff review.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
REPORT SUMMARY
Municipality:
Town of Hackettstown
Date of Petition Submission:
December 7, 2009
Date Deemed Complete:
March 31, 2010 (Resolution for Planning Area received 1/26/11)
Conformance Area:
Planning Area & Preservation Area
Staff Recommendation:
Approve Petition with Conditions
Administrative Submittals
1. Resolution or Ordinance
2. Record of Public Involvement
3. List of Current Planning and
Regulatory Documents
Petition Components
1.
2.
3.
4.
5.
6.
Modules 1-2 Build-Out Report*
Module 3 Housing Element/Plan
Module 4 ERI
Module 5 Highlands Element
Module 6 Land Use Ordinance
Module 7 Petition
a. Self-Assessment Report
b. Implementation Plan/Schedule
Meets
Requirements
Conditions of Approval
X
None
Consistent
Conditions of Approval
X
X
None
None
X
X
X
X
X
None
See Section D.1
See Section D.1
Follow-Up Required per Section B.4; D.1
Follow-Up Required per Section B.5; D.1
X
X
None
Follow-Up Required per Section B.6; D.1
Submission
Date
Status/Recommendation
*Completed by the Highlands Council in collaboration with the municipality prior to substantive review of the Petition.
Optional Submission Items
1. RMP Updates
2. Map Adjustments
12/7/09
N/A
3. Highlands Center Designation
Requests
2/16/11
4. Highlands Redevelopment Area
Designation Requests
*
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Processed
Requests not qualifying as RMP Updates may be
proposed as Map Adjustments
Highlands Center designation planning is ongoing;
staff recommends preliminary approval with
conditions (see Appendix B).
Redevelopment Areas may be designated as a result
of planning associated with Highlands Center
designation, or incorporated into it.
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
A.
REVIEW OF ADMINISTRATIVE SUBMITTALS
1. Resolution. Two Resolutions petitioning the Highlands Council for Plan Conformance
were adopted by the municipal Governing Body at noticed public meetings held on
November 9, 2009 for the Preservation Area, and January 10, 2011 for the resolution to
amend the Petition to include the Planning Area. The documents submitted are
appropriately signed and certified by the Municipal Clerk to verify authenticity. The language
of the Resolutions relies upon that of the models provided by the Highlands Council. The
Resolutions clearly petition the Highlands Council for Plan Conformance; conformance
being proposed with respect to municipal lands located in both the Preservation Area (203
acres, 8.6%) and the Planning Area (2,171 acres, 91.4%) of the municipality.
2. Record of Public Involvement. The Petition includes appropriate documentation of the
public process engaged in by the municipality with regard to the development of Petition
materials and adoption of the Resolutions petitioning the Highlands Council for Plan
Conformance. The submission includes the following:
a. Copy of meeting agenda and adopted meeting minutes associated with a Planning
Board meeting held on August 25, 2009 to discuss Plan Conformance and the
Petition components, specifically the draft Master Plan Highlands Element.
b. Adopted Resolutions, as noted above, indicating formal action taken on Plan
Conformance at the November 11, 2009 and January 10, 2011 public meetings of
the Town Council.
3. List of Current Planning Documents. The list of current municipal planning and
regulatory documents is satisfactory and includes required dates of adoption, as applicable.
Pursuant to Highlands Council Module 7 Municipal Plan Conformance Petition instructions,
all such documents should be available in the offices of the Highlands Council in Adobe pdf
format. To complete this Plan Conformance requirement, the most recent Town of
Hackettstown Master Plan and any amendments applicable thereto, must be provided in
Adobe pdf format.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
B.
REVIEW OF PLAN CONFORMANCE PETITION COMPONENTS
1. Highlands Municipal Build-Out Report (Modules 1-2). The Highlands Municipal
Build-Out Report was completed by the Highlands Council in collaboration with the
municipality prior to a finding of Administrative Completeness of the Petition. The date of
the Highlands Municipal Build-Out Report is July 2009.
2. Housing Element & Fair Share Plan (Module 3). Both the RMP and Highlands Council
instructions concerning submission of Master Plan Housing Elements and Fair Share Plans,
sought municipal participation in a three-step process, intended to culminate in the
submission of fully developed affordable housing plans to both the Highlands Council and
the Council on Affordable Housing (COAH) (or alternatively the Highlands Council and the
Superior Court). This process was designed to assist municipalities in developing plans to
address fair share housing obligations that are consistent with the RMP. For most Highlands
municipalities, the deadline for submission to COAH was extended to June 8, 2010. The
extended time allowance was intended to provide for completion of Highlands Municipal
Build-Out Reports (see Modules 1-2, above) and incorporation of resulting information into
fully developed affordable housing plans in accordance with Executive Order #114 (2008)
and COAH’s Guidance for Highlands Municipalities that Conform to the Highlands Regional Master
Plan. This process also allows for Highlands Council review of as yet unconstructed projects
in municipal housing plans, for consistency with the RMP.
The Town of Hackettstown provided all components required by the Highlands Council.
The first submission was included as requested within the municipality’s Petition for Plan
Conformance, while the remaining items were provided in accordance with the revised
submission deadlines. Review of the final Housing Element and Fair Share Plan submission,
adopted by the Planning Board on April 27, 2010 and endorsed by the Town Council on
May 24, 2010, follows. These findings constitute a preliminary analysis of the Draft Housing
Element and Fair Share Plan by the Highlands Council. Formal review will be conducted by
COAH. These documents were filed with COAH on June 3, 2010. The final Housing
Element and Fair Share Plan appear to address the municipality’s Fair Share Obligation. As
to consistency with the requirements of the RMP, the Plan is satisfactory.
a. Summary of Municipal Obligation. The Municipal Obligation appears to be
correctly calculated and includes the components listed below.
•
Rehabilitation Share: 76
•
Prior Round Obligation: 62
•
Growth Share Obligation: 241 (projected growth share exceeds
COAH’s projection).
b. Municipal Growth Projections.
Municipal Growth Projections, used to
determine the Growth Share Obligation (above) were correctly indicated in the
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
COAH Workbook D form or other submittals provided by the municipality. The
final figures are listed below. Note: Highlands Full Build-Out Projections apply in
the case of conformance for the full municipality (i.e., for split municipalities,
including both the Planning and Preservation Area) in accordance with COAH’s
instructional document, Guidance for Highlands Municipalities that Conform to the
Highlands Regional Master Plan; COAH Growth Projections apply in all cases where
the municipality is not petitioning for conformance for the whole of the
municipality, until or unless modified by COAH consistent with the Guidance or as
applicable, the Superior Court. The municipality’s Housing Element relies upon
municipal growth projections that exceeded both the Highlands Full Build-Out
Projections and COAH Growth Projections through 2018, providing for 241
growth share units as discussed below.
i.
Highlands Full Build-Out Projections
•
Residential Growth (housing units): 181
•
Non-Residential Growth (jobs): 767
•
Total Growth Share, after exclusions (units): 84
ii. COAH Growth Projections through 2018
 Residential Growth (housing units): 80
 Non-Residential Growth (jobs): 1850
 Total Growth Share, after exclusions (units): 132
c. Summary of Proposed Fair Share Plan. The Fair Share Plan proposes to address
the municipal obligation by use of the mechanisms and/or development projects
listed below. Where Affordable Housing Sites were included that have not yet been
constructed, each was reviewed for consistency with the RMP using the on-line
Highlands Council RMP Consistency Review Report tool. Affordable Housing Sites
were proposed. A brief summary of the results for each is included below.
•
Rehabilitation Program: Five (5) units completed through the
Warren County Housing Program. The Town can apply new
construction credits towards its rehabilitation obligation as per
NJAC 5:97-6.2(b)7, so long as those units meet the criteria in
NJAC 5:97-4.3. Therefore, credits in excess of the third round
obligation can be applied towards the rehabilitation obligation. This
totals to 60 new construction credits, reducing the rehabilitation
obligation to 11 outstanding rehabilitations. The Town will apply
for a Small Cities/CBDG grant now available through the
Department of Community Affairs. The grant’s purpose is to
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
rehabilitate homes and encourage the construction of affordable
housing. Hackettstown will apply for at least a $100,000 grant to be
used for housing rehabilitation. The Town anticipates that 6 to 10
additional homeowners will make use of the Warren County
Housing Program to make eligible improvements to their homes.
Finally, the Town will earmark funds from its total development
fees projected to be collected over the next ten years for
rehabilitation to supplement the existing rehabilitation mechanisms
in case of a shortfall of rehabilitation credits. Total Anticipated
Rehabilitation Credits: 76
•
Total Prior Round Credits: 62
•
Prior Round Site: Heritage House. An age-restricted rental facility
that was constructed in 1985. The project fulfills prior cycle credits
and is eligible for one credit per unit, for a total of 62 credits.
Credits in excess of the Prior Round Obligation can be applied to
the third round obligation as per NJAC 5:97-4.2(c), if the controls
on affordability are in place through December 31, 2018. Heritage
House meets the rule requirements because it has a 40-year
mortgage that extends to 2025 and 19 credits are applied to the
Growth Share Obligation.
•
Total Growth Share Credits: 241
•
Growth Share Sites:
i. Brook Hollow Estates. An inclusionary development
completed in 1998. The development contains 21 family
affordable for-sale units of a total 187 units. 21 Growth
Share credits (completed).
ii. Van Paftinos I. Block 127, Lot 7. An inclusionary
development that contains 14 age-restricted affordable
rental units of a total 76 units. The units received a
Certificate of Occupancy in 1995 and are deed restricted
for 30 years. 14 Growth Share credits (completed).
iii. The Center for Humanistic Change of New Jersey. 101105 Christopher Street. Existing 5-bedroom group home.
5 Growth Share credits (completed).
iv. Van Paftinos II. 620 Willow Grove Street. Inclusionary
development with 21 age-restricted affordable rentals of
100 total units. 21 Growth Share credits (completed).
v. B&W Associates, LLP and Gordon MAB Hackettstown,
LLC entered into agreements with Robert Russell, owner
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
vi.
vii.
viii.
ix.
x.
of 103 Valentine Street, Unit 1 and 105 Valentine Street,
Units 1,2, 3, 4 and 5 to provide six family rental units. 6
Growth Share credits (completed).
Jane Paftinos, LLC (Block 129, Lot 26) - A proposed
inclusionary development located at 21 Route 57 will
include 104 housing units with 21 age-restricted affordable
units. The project will be eligible for 21 Growth Share
credits. The site is within one mile of the train station and
is served by sewer and water. An existing house is
currently located on the site. Located in the Planning Area
- Existing Community Zone Environmentally-Constrained
Sub-Zone. The project has received local approvals and
has been issued water and wastewater permits. As such it
presents a reasonable potential for development based
upon prior approvals. An RMP Update was requested,
but it was determined that a Map Adjustment would be
necessary to change the area to Existing Community
Zone. Subsequent to project completion, an RMP Update
may be processed.
Hunter’s Brook Subdivision - An existing subdivision
which has contributed $275,000 to the Town’s Affordable
Housing Trust as Payment-in-Lieu.
Lion Gate at Musconetcong, LLC (Block 125, Lot 9.01) –
Inclusionary development anticipating 180 housing units,
with 31 affordable rental units. This development will
contribute 31 Growth Share credits. Planning Area –
Existing Community Zone.
The project has been
approved.
Van Paftinos III (Bilby Road, Block 45, Lots 1.01 & 2) –
Development on Bilby Road will produce 80 affordable
rental units. This project may yield an additional 53 bonus
credits, thus totaling 133 Growth Share credits. Currently
located in the Planning Area – Protection Zone and
Existing
Community
Environmentally-Constrained
Subzone. However, this site is cleared and an RMP
Update is being processed for this property to change the
designation to Existing Community Zone (see Appendix
A) at which point the project will be consistent with the
RMP.
Bergen Tool Redevelopment (Block 21, Lot 18) –
Redevelopment project anticipated to contribute 23
affordable family rentals. The project would yield an
additional 7 bonus credits, for a total of 30 Growth Share
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
credits. Planning Area – Existing Community Zone. The
project will likely be consistent with the RMP.
ii. Goals & Objectives. Consistent with Plan Conformance requirements,
goals and objectives have been incorporated reflecting those provided in
the Highlands Council model Housing Element, from the Module 3
Instructions document.
d. Findings/Recommendations. The Plan appears to address the municipality’s Fair
Share Obligation (final determination in that regard under jurisdiction of COAH)
while providing for consistency with the Regional Master Plan. Goals and objectives
consistent with the goals and objectives found in the Model Housing Element
appended to the Module 3 instructions should be incorporated into the
municipality’s Housing Element. As an alternative, the goals and objectives have
been inserted as revisions to the Town’s proposed Master Plan Highlands Element.
(See Housing Plan section.)
3. Environmental Resource Inventory (Module 4). The proposed Town of Hackettstown
Highlands Environmental Resource Inventory (ERI) is based on the Highlands Model ERI
provided to municipalities by the Highlands Council. The document has undergone previous
revisions under a collaborative process between the municipality and the Highlands Council
to address and incorporate the input and concerns of all parties. The Town of Hackettstown
Highlands ERI as now proposed (including modifications by the Highlands Council),
contains all required Highlands ERI language and all applicable maps/exhibits, as necessary,
to fully describe the Highlands Resources, Resource Areas, and Special Protection Areas
located within the municipality. As such, the Highlands ERI is consistent with the RMP and
the immediate mandatory requirements of Plan Conformance.
a. Deleted Sections. The following sections of the model Highlands ERI are not
relevant to the municipality and have thus been deleted, along with associated
figures, from the municipal submission: Special Environmental Zone, Significant
Natural Areas, Lake Management Areas, Agricultural Resource Area, and
Agricultural Priority Area.
4. Master Plan Highlands Element (Module 5). The proposed Town of Hackettstown
Master Plan Highlands Element is based on the model Highlands Element provided to
municipalities by the Highlands Council. The document as now proposed (including
modifications by the Highlands Council), contains all required Highlands Element language
and all applicable maps/exhibits, with the exception of those noted below, to fully address
the immediate mandatory requirements of Plan Conformance.
The specific components of the model Highlands Element are listed below. Where each is
consistent with the Highlands Council model or otherwise satisfactorily addresses all RMP
requirements for Plan Conformance, the heading or sub-heading indicates “Consistent.”
Where any section of the model Highlands Element has been appropriately deleted due to
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
non-applicability, the heading or sub-heading indicates “Not Applicable – Deleted.” Where
minor modifications are required to complete the document for purposes of adoption by the
Planning Board, the heading or sub-heading indicates, “Minor Modifications Required for
Completion.” If needed, explanatory discussion is provided.
a. Policies, Goals & Objectives. Consistent
i.
Preservation Area Goals. Consistent
ii.
Planning Area Goals. Consistent
iii.
General Purposes of Zoning. Consistent
iv.
Relationship Between Highlands Act & MLUL. Consistent
b. Land Use Plan Element. Consistent
i.
Highlands Zones and Sub-Zones. Consistent, however the municipality
will address/incorporate the minor items in text (highlighted), for
completion of the section. (Note: Conservation Zone, Conservation
Zone – Environmentally-Constrained Sub-Zone, Existing Community
Zone – Lake Community Sub-Zone all Not Applicable – Deleted.)
ii.
Land Uses. Consistent
iii.
Density and Intensity of Development. Consistent.
iv.
Cluster Development. Not Applicable – Deleted
v.
Land Use Inventory. Consistent.
vi.
Redevelopment Planning. Consistent.
vii.
Highlands Center Designation. Consistent. The municipality will
address/incorporate the Highlands Council insertion of a new section to
discuss the proposed designation of a Highlands Center in Hackettstown.
The language provided incorporates the initial concepts developed in the
Highlands Center Designation Study completed by Maser Consulting, PA
for the Town and remains subject to further modification. The insertion
is intended as a placeholder, to be further developed later, once plans and
details on the proposed Highlands Center are fully determined.
c. Housing Plan Element. Consistent. The municipality will incorporate the
Highlands Council insertion acknowledging Planning Board adoption of the Town
Housing Element and Fair Share Plan and its inclusion of all required goals and
objectives for Plan Conformance. Review and recommendations concerning the
Housing Plan Element appear at item #2 above, Housing Element & Fair Share
Plan.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
d. Conservation Plan Element. Consistent
i.
Forest Resources. Consistent
ii.
Highlands Open Waters and Riparian Areas.
Consistent. The
municipality will incorporate the minor modification provided by the
Highlands Council. Please see revised document text.
iii.
Steep Slopes. Consistent
iv.
Critical Habitat. Consistent
v.
Carbonate Rock. Consistent
vi.
Lake Management. Not Applicable – Deleted
vii.
Water Resources Availability. Consistent
viii. Prime Ground Water Recharge Areas. Consistent
ix.
Water Quality. Consistent
x.
Wellhead Protection. Consistent
xi.
Low Impact Development. Consistent
e. Utility Services Plan Element. Consistent
i.
Preservation Area. Consistent
ii.
Planning Area. Consistent
iii.
Planning & Preservation Areas. Consistent
f. Circulation Plan Element. Consistent. The Town will update the section to
include transportation improvements for Planning Area lands, as applicable, in
particular for lands within the proposed Highlands Center.
g. Land Preservation/Stewardship Plan Element. Consistent. The Town will
provide the minor modification required for completion regarding preserved
acreage.
h. Agriculture Retention/Farmland Preservation Plan Element. Not Applicable
– Deleted
i. Community Facilities Plan Element. Consistent
j. Sustainable Economic Development Plan Element. Consistent
k. Historic Preservation Plan Element. Consistent
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
i.
Historic, Cultural, and Archaeological Resources. Consistent. The
municipality will address the alternative language that has been inserted
into the document by the Highlands Council. It provides for the case
where a municipality chooses not to regulate historic resources, which the
Highlands Council has determined is an optional component of Plan
Conformance, not mandatory.
ii.
Scenic Resources. Consistent
l. Development Transfer Plan Element. Inclusion of this Section is optional and
the municipality has elected not to incorporate it at this time.
m. Relationship of Master Plan to Other Plans. Consistent
n. Exhibits. The list of Exhibits includes all that apply to the municipality. The
applicable Exhibits are located in a separate document. The Town will
address/incorporate the following modifications, to achieve consistency with the
requirements of Plan Conformance:
i.
Exhibit X, “Septic System Yield Map” has been determined unnecessary
and has been deleted. Septic System Yield will be determined on a sitespecific basis, using the Nitrate Dilution Model discussed in text.
ii.
The following exhibits do not apply to the Hackettstown Highlands Area
and have been deleted: Significant Natural Areas, Special Environmental
Zone, Lake Management Area, Agricultural Resource Area, and
Agricultural Priority Area.
5. Highlands Area Land Use Ordinance (Module 6). The proposed Town of
Hackettstown Highlands Area Land Use Ordinance is based on the model Highlands Area
Land Use Ordinance provided to municipalities by the Highlands Council. Since the time of
issuance of the Model, the Highlands Council, with input from municipal professionals, has
made certain revisions to the document to refine and simplify it for purposes of municipal
implementation. The Town of Hackettstown Highlands Area Land Use Ordinance as
proposed (including modifications by the Highlands Council), contains all required
Highlands Area Land Use Ordinance language and all applicable maps/exhibits, as
necessary, to fully address the immediate mandatory requirements of Plan Conformance.
The specific components of the model Highlands Land Use Ordinance are listed below.
Where each is consistent with the Highlands Council model or otherwise satisfactorily
addresses all RMP requirements for Plan Conformance, the heading or sub-heading indicates
“Consistent.” Where any section of the model Highlands Land Use Ordinance has been
appropriately deleted due to non-applicability, the heading or sub-heading indicates “Not
Applicable – Deleted.” Where minor modifications are required to complete the document
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
for purposes of adoption, the heading or sub-heading indicates, “Minor Modifications
Required for Completion.” If needed, explanatory discussion is provided.
a. Article 1. Title, Purpose, Scope. Consistent. The municipality will address the
minor modifications made by the Highlands Council. Please see revised document
text.
b. Article 2. Applicability. Consistent. The municipality will address the
modifications made by the Highlands Council. Please see revised document text.
c. Article 3. Definitions. Consistent. The municipality will address the minor
modifications made by the Highlands Council. Please see revised document text.
d. Article 4. Establishment of Highlands Area Districts.
Consistent. The
municipality will address the modifications made by the Highlands Council,
inclusive of new map titles at Section 4.4. Please see revised document text. (Note:
Conservation Zone, Conservation Zone – Environmentally-Constrained Sub-Zone,
Existing Community Zone – Lake Community Sub-Zone Not Applicable –
Deleted.)
e. Article 5. Highlands Area Zone District Regulations. Consistent. The
municipality will address the significant modifications made to the section by the
Highlands Council. Please see revised document text. Municipal selections will also
be provided to complete Section 5.3.5 – please see highlighted portions of text.
f. Article 6. Highlands Area Resource Regulations. Consistent. The Town will
address the modifications provided by the Highlands Council. See revised document
text.
i.
Forest Resources. Consistent
ii.
Highlands Open Waters & Riparian Resources. Consistent
iii.
Steep Slopes. Consistent
iv.
Critical Habitat. Consistent
v.
Carbonate Rock. Consistent
vi.
Lake Management Area. Not Applicable – Deleted
vii.
Water Conservation & Deficit Mitigation. Consistent
viii. Prime Ground Water Recharge Areas. Consistent
ix.
Wellhead Protection. Consistent
x.
Agricultural Resources. Consistent
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
xi.
Historic, Cultural & Archaeological Resources. Consistent. The
municipality will address the modifications made by the Highlands
Council. Please see revised document text. These regulatory provisions
have been made optional, and thus the municipality will need to make a
determination regarding the preferred approach to this issue.
xii.
Scenic Resources. Consistent
g. Article 7. Highlands Area General Regulations. Consistent
i.
Affordable Housing. Consistent
ii.
Low Impact Development. Consistent
iii.
Conservation Restrictions. Consistent. The municipality will address the
modifications made by the Highlands Council. Please see revised
document text.
iv.
Stormwater Management. Consistent
v.
Special Environmental Zone. Not Applicable – Deleted
vi.
Septic System Design and Maintenance. Consistent
vii.
Public Water Systems. Consistent
viii. Wastewater Collection and Treatment Systems. Consistent
h. Article 8. Planned Development Regulations. Not Applicable – Deleted
i.
The municipality had marked this section for deletion when the Petition
was for just the Preservation Area, however, may choose to retain it for
use in the Planning Area. The Town will review and confirm preference.
i. Article 9. Application Review Procedures & Requirements. Consistent. The
municipality will address the significant modifications made by the Highlands
Council. Please see revised document text.
j. Article 10. Appeals, Waivers, Exceptions. Consistent. The municipality will
address the modifications made by the Highlands Council. Please see revised
document text.
k. Article 11. Enforcement, Violations, Penalties. Consistent
l. Appendices. Consistent. The municipality will incorporate the Highlands Council
insertion of North American Industry Classification System (NAICS) Codes in
Appendix D, replacing SIC Codes, for Major Potential Pollutant Sources.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
m. Exhibits. The Exhibits, including the List of Exhibits and all in-text document
references to Exhibits have been updated by the Highlands Council to include
Highlands Council parcel-based maps, which indicate the locations and boundaries
of each Highlands Area, Zone, Resource, Resource Area, and Special Protection
Area. These Exhibits were not available when the Model Land Use Ordinance was
initially provided by the Highlands Council for use in preparing Petitions, but are
crucial to the regulatory function of the Highlands Area Land Use Ordinance.
Please note that the revised maps have been provided in Adobe® pdf format, and in
this case, should not be converted for insertion directly in the MSWord® version of
the Ordinance. After adoption, they should accompany the Ordinance at all times,
however, as an integral component of it – whether made available to the public in
paper or electronic format. As provided currently, the maps are at a scale suited to
printing on large plotters, for purposes of municipal reproduction and display
(ensuring high-resolution detail).
6. Petition Submission Documents (Module 7).
a. Municipal Self-Assessment Report. The Municipal Self-Assessment Report
consists of two components as listed herein. The Report accurately describes the
status of municipal Plan Conformance to date, indicating both municipal
accomplishments and the items that remain to be completed to achieve Plan
Conformance.
i.
Narrative Portion. The Narrative Portion has been completed accurately
for purposes of Plan Conformance.
ii. Spreadsheet Portion. The Spreadsheet Portion has been completed
accurately for purposes of Plan Conformance.
b. Highlands Implementation Plan & Schedule. The Highlands Implementation
Plan and Schedule provides a template for future Plan Conformance activities. It is
intended to indicate all outstanding items, both required and discretionary, along
with estimated costs and timeframes for completion, for the municipality to achieve
or exceed Plan Conformance with the Regional Master Plan.
As proposed by the municipality, the Highlands Implementation Plan and Schedule:
a) included all mandatory components required to achieve full Plan Conformance;
and b) incorporated timeframe estimates associated with each mandatory element.
The Highlands Implementation Plan and Schedule has been modified since first
issued by the Highlands Council however, and the municipality’s document has
been updated accordingly. The revised document includes cost estimates for each
activity and prioritizes implementation tasks with a particular focus on the first few
months after Highlands Council approval of Petitions, including the 2011 and 2012
State fiscal years.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
In addition, the proposed Highlands Implementation Plan and Schedule includes
non-mandatory Plan Conformance activities, the estimated costs and timeframes for
completion of which, the municipality has considered. These activities have been
incorporated into the revised Highlands Implementation Plan and Schedule.
Recommended Highlands Council edits tailoring the revised document to the
municipality (based on the Petition submittals) have been considered and included
in the final version.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
C.
REVIEW OF OPTIONAL SUBMISSION COMPONENTS
1. RMP Updates. The Petition for Plan Conformance was accompanied by requests for
certain RMP Updates. These requests are listed and described in the attachment at Appendix
A, with a summary of the final results of review and processing, as follows.
The Town submitted a request for 18 RMP Updates. Of those, 14 have been determined to
contain sufficient information in order to process the request and incorporate the changes
into the Highlands spatial database. The information for the remaining four requests was
found to be consistent with the Highlands information on current and existing land uses,
and thus not in need of an RMP Update. These four requests may be pursued by alternate
means however, such as via Map Adjustment, Highlands Redevelopment Area designation,
or as part of the proposed Highlands Center designation.
2. Map Adjustments. The Petition for Plan Conformance was not accompanied by any
requests for Map Adjustments.
3. Highlands Center Designation Requests. The Petition for Plan Conformance was
accompanied by a request for Highlands Center Designation. This request is described in
detail in the attachments at Appendix B, inclusive of the Staff recommendations. The
proposal focuses on a 740+ acre core area of the Hackettstown community (fully within the
Planning Area), and includes a variety of existing uses and areas of potential
development/redevelopment, all with access to suitable transportation, including passenger
rail, and served by water and sewer utility infrastructure.
In sum, Highlands Council staff recommends inclusion of the Highlands Center designation
in any Highlands Council approval of Hackettstown’s Petition for Plan Conformance. Such
approval would be accompanied by conditions, as noted in Appendix B, including significant
further efforts to fully define the Hackettstown Highlands Center, specify all existing and
intended land uses and resource protections that would apply therein, and develop the
needed master plan provisions and development regulations that would govern it in the
future. These provisions would be included within the Hackettstown Master Plan Highlands
Element and Highlands Area Land Use Ordinance, and would override the Planning Area
provisions otherwise applicable to the Planning Area with respect to the Highlands Center,
unless specifically indicated otherwise.
4. Highlands Redevelopment Area Designation Requests. The Petition for Plan
Conformance was not accompanied by any requests for Highlands Redevelopment Area
Designation. However, the Town has included within its Highlands Center proposal several
sites within the Planning Area that are appropriate for redevelopment.
5. Other. The Petition for Plan Conformance was not accompanied by any other requests for
approvals, not listed above.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
D.
STAFF RECOMMENDATIONS
On the basis of the comprehensive review completed and discussed in detail as described in the
preceding Sections, which examined both sufficiency of administrative submittals and
consistency of all substantive materials with the Highlands Regional Master Plan, Highlands
Council Staff recommends that the Petition for Plan Conformance of the Town of
Hackettstown, as currently proposed by the municipality, be approved with conditions as
outlined below.
1. Approval with Conditions. Highlands Council Staff recommend that this Petition for Plan
Conformance be approved by the Highlands Council. This finding specifically includes a
recommendation that the proposed Highlands Center for the Hackettstown Central Business
District be approved by the Highlands Council, subject to conditions as discussed below and
in Appendix B. The approval should be conditioned upon satisfactory completion of all
items noted within Sections A through C of this Report (including all items addressed in the
herein-referenced Highlands Council Staff-provided MSWord “Track-Changes” versions of
the various Petition documents), and in addition, satisfaction of the below-listed
requirements..
a. Adoption of Approved Planning Area Petition Ordinance. The municipality
shall prepare and submit to the Highlands Council a draft municipal ordinance
petitioning the Highlands Council for Plan Conformance with respect to the
municipality’s Planning Area lands (based upon or consistent with the model
provided by the Highlands Council). Upon receipt of Highlands Council approval,
the Ordinance shall be prepared for purposes of public review and adoption by the
municipal Governing Body. The Governing Body shall provide for and complete
the adoption process, at the conclusion of which, a certified copy of the adopted
Planning Area Petition Ordinance shall be provided to the Highlands Council with
notice of its effective date. The process of Ordinance adoption shall be guided by
the timeframes set forth in the Highlands Council-approved Highlands
Implementation Plan and Schedule. Should this process lead to proposed
modifications to any portion of the Ordinance, the proposed changes shall be
submitted for review by the Highlands Council prior to adoption by the Governing
Body. In the event the Highlands Council determines that any proposed
modification is of a substantive nature, Highlands Council approval shall be
required prior to adoption at the municipal level.
b. Adoption of Approved Checklist Ordinance. The municipality shall prepare and
submit to the Highlands Council a draft “Checklist Ordinance” (model available)
requiring that Development Applications be deemed incomplete by the reviewing
board or applicable municipal authority, until or unless accompanied by: a) for
applications under Highlands Council jurisdiction, a Highlands Council Consistency
Determination indicating that the application is consistent, or can and will be made
consistent with the Regional Master Plan; or b) an NJDEP Highlands Preservation
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
Area Approval, waiver, or Highlands Applicability Determination indicating nonapplicability. With respect to lands within the proposed Hackettstown Highlands
Center, the Highlands Council would also seek consistency with the parameters of
the Petition approval, to the extent defined and applicable to the designated Center.
Upon receipt of Highlands Council approval, the Ordinance shall be prepared for
purposes of public review and adoption by the municipal Governing Body. The
Governing Body shall provide for and complete the adoption process, at the
conclusion of which, a certified copy of the adopted Checklist Ordinance shall be
provided to the Highlands Council with notice of its effective date. The process of
ordinance adoption shall be conducted in accordance with all legal requirements and
protocols pursuant to the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.), and shall be guided by the timeframes set forth in the Highlands Councilapproved Highlands Implementation Plan and Schedule. Should this process lead to
proposed modifications to any portion of the Checklist Ordinance, the proposed
changes shall be submitted for review by the Highlands Council prior to adoption
by the Governing Body. In the event the Highlands Council determines that any
proposed modification is of a substantive nature, Highlands Council approval shall
be required prior to adoption at the municipal level.
Note: The Checklist Ordinance is intended as an interim protection measure only,
and should be repealed at the time of adoption of an approved Highlands Area
Land Use Ordinance (completion and adoption of which is set forth at 1.d., below).
c. Adoption of Approved Highlands ERI. The Highlands Environmental Resource
Inventory (ERI) shall be prepared in a clean, final document format for purposes of
public review and adoption. A copy shall be provided to the Highlands Council. The
municipal Environmental Commission (or Planning Board in the absence of an
Environmental Commission) shall provide for and complete the required process of
formal adoption of the ERI by the local Commission or Board. At the conclusion of
the process, a certified copy of the adopted ERI shall be provided to the Highlands
Council. The process of ERI adoption shall be conducted in accordance with all
applicable legal requirements and protocols, and shall be guided by the timeframes
set forth in the Highlands Council-approved Implementation Plan and Schedule.
Should this process lead to proposed modifications to any portion of the ERI, the
proposed changes shall be submitted to the Highlands Council for review. In the
event the Highlands Council determines that any proposed modification is of a
substantive nature, Highlands Council approval shall be required prior to adoption
by the local Commission or Board.
d. Adoption of Approved Master Plan Highlands Element. The Master Plan
Highlands Element shall be completed in accordance with the requirements of
Section B4 of this Report, and submitted to the Highlands Council for final
approval. Upon receipt of final Highlands Council approval, the Highlands Element
shall be prepared in a clean, final document format for purposes of public review
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
and adoption. A copy shall be provided to the Highlands Council. The municipal
Planning Board shall arrange for the required process of scheduling, notice, public
hearing, consideration, and formal adoption of the Highlands Element by the
municipal Planning Board. At the conclusion of the process, a certified copy of the
adopted Highlands Element shall be provided to the Highlands Council. The
process of Highlands Element adoption shall be conducted in accordance with all
applicable legal requirements and protocols, and shall be guided by the timeframes
set forth in the Highlands Council-approved Implementation Plan and Schedule.
Should this process lead to proposed modifications to any portion of the Highlands
Element, the proposed changes shall be submitted to the Highlands Council for
review. In the event the Highlands Council determines that any proposed
modification is of a substantive nature, Highlands Council approval shall be
required prior to adoption by the local Planning Board.
e. Adoption of Approved Highlands Area Land Use Ordinance. The Highlands
Area Land Use Ordinance shall be completed in accordance with the requirements
of Section B5 of this Report, and submitted to the Highlands Council for final
approval. Upon receipt of final Highlands Council approval, the Highlands Area
Land Use Ordinance shall be prepared in a clean, final document format for
purposes of public review and adoption. A copy shall be provided to the Highlands
Council. After the municipal Planning Board has adopted the Master Plan
Highlands Element, the municipal Governing Body shall arrange for the required
process of scheduling, notice, public hearing, consideration, and formal adoption of
the Highlands Area Land Use Ordinance by the municipal Governing Body. At the
conclusion of the process, a certified copy of the adopted Highlands Area Land Use
Ordinance shall be provided to the Highlands Council with notice of its effective
date. The process of Highlands Area Land Use Ordinance adoption shall be
conducted in accordance with all legal requirements and protocols pursuant to the
New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and shall be
guided by the timeframes set forth in the Highlands Council-approved
Implementation Plan and Schedule. Should this process lead to proposed
modifications to any portion of the Highlands Area Land Use Ordinance, the
proposed changes shall be submitted to the Highlands Council for review. In the
event the Highlands Council determines that any proposed modification is of a
substantive nature, Highlands Council approval shall be required prior to adoption
by the Governing Body.
i.
Municipal Exemption Determinations. As a component of the
Highlands Area Land Use Ordinance, the Town shall provide for
“Municipal Exemption Determinations” in accordance with Highlands
Council delegation of such authority to the municipality in the Planning
Area, or NJDEP delegation in the Preservation Area. (NOTE: NJDEP
currently does not have a delegation program; the provisions in the
Highlands Land Use Ordinance are provisional.) Such determinations
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
(detailed within the current draft Ordinance) refer to the process of
reviewing and making determinations concerning exemptions from the
Highlands Act, which in turn, represent exemptions from the provisions of
the Highlands Area Land Use Ordinance. The effective date of such
provisions shall occur only after the municipality indicates readiness to
proceed and receives written authorization from the Highlands Council or
the NJDEP, respectively, granting it the authority to do so.
ii. Highlands Council Information and Training Sessions. Prior to the
effective date of the Highlands Area Land Use Ordinance, municipal
representatives (e.g., Land Use Administrators, Zoning Officials, Planners)
shall attend information and training session(s) to be provided by the
Highlands Council on the implementation and administrative procedures
set forth within the Ordinance. Such sessions will provide detailed
instruction on application processes and procedures, notice requirements,
Highlands Council referrals and call-up provisions, decision-making and
formal action, variances, waivers, exceptions, and enforcement activities.
Prior to the effective date of the Municipal Exemption Determination
provisions, moreover, municipal representatives (in particular, Exemption
Designee(s)) shall attend an information and training session on the exercise
of Municipal Exemption Determination authority.
f. Adoption of Updated Zoning Map. The Town shall prepare an updated
Municipal Zoning Map which shall be adopted immediately following or at the time
of adoption of the Highlands Area Land Use Ordinance, to reflect the new overlay
Highlands Zones and Sub-Zones. The Zoning Map should also include the
delineation of the Hackettstown Highlands Center, as soon as its limits are finalized
and approved by the Highlands Council. The adoption process shall mirror that
outlined above for the Highlands Area Land Use Ordinance.
g. COAH Approval of Housing Element & Fair Share Plan. The Highlands
Council shall be copied on all COAH-related correspondence and kept apprised of
the approval process as it unfolds. Any subsequent revision to the Housing Element
and Fair Share Plan shall be provided to the Highlands Council for review and
approval prior to implementation by the municipality. Until and unless the
municipality secures final approval of a Highlands Council-approved (as RMP
consistent) Housing Element and Fair Share Plan, this Plan Conformance
component shall remain a conditionally approved item. (In recognition of potential
changes in the applicable COAH Rules and State laws pertaining to the provision of
affordable housing in the state of New Jersey, these requirements shall be
considered subject to modification, with the intent being only to ensure that the
municipality remains in compliance with all applicable statutes, rules, regulations and
requirements, at any given time, and maintains consistency with the RMP, so as to
protect the municipality from legal challenge.)
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
h. Adoption of Ordinances Implementing Fair Share Plan. Governing Body
adoption of Ordinances required to implement the Fair Share Plan shall follow
approval of the Housing Element and Fair Share Plan, in accordance with all
requirements of the Superior Court or COAH, as applicable, and all legal
requirements and protocols pertaining thereto. Plan implementation and continued
compliance with the final Court- or COAH-approved Fair Share Plan moreover,
shall be a condition of continued Plan Conformance approval, subject to Highlands
Council review and monitoring.
i. Wastewater Management Plan (WMP). The municipality shall prepare a
Wastewater Management Plan working with the Highlands Council under Plan
Conformance, for approval by the NJDEP. This plan will be recognized as a
chapter of the County WMP in accordance with NJDEP Administrative Order
2010-03 and all applicable NJDEP rules and requirements. Development of the
WMP will occur on a schedule based on Plan Conformance approval. The
Highlands Council will draft the WMP using information from the Town, and
collaborate with the Town to finalize the WMP for NJDEP consideration and
approval.
j. Adherence to Approved Highlands Implementation Plan & Schedule. The
municipality shall undertake to complete all remaining mandatory Plan
Conformance activities listed in the Highlands Council-approved Highlands
Implementation Plan & Schedule, in accordance with: a) the timeframes set forth
therein, to the maximum extent feasible and practicable, or with such adjusted
timeframes as may be authorized by the Highlands Council or otherwise mutually
agreed by the municipality and the Highlands Council; and b) the availability of
funding from the Highlands Council or, on a voluntary basis, by the municipality or
other party, to ensure the satisfactory completion of each project or activity, or each
phase of such project or activity, as appropriate. Non-mandatory Plan Conformance
activities shall neither take precedence over nor shall impede the completion of
mandatory items and shall be undertaken only as time and resources are available to
support them.
i.
Development/Approval of Implementation Plan Components.
Within the constraints above, all planning, regulatory, and resource
management documents shall be prepared and provided to the Highlands
Council for review and approval prior to formal adoption by the applicable
municipal board, commission, or governing body.
ii. Adoption of Regulations Implementing Plan Components. All
ordinances, rules, and regulations shall be prepared and provided to the
Highlands Council for review and approval prior to formal adoption by the
applicable municipal board, commission, or governing body.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
iii. Mandatory Components. Specific mandatory components include
development and implementation of the plans/programs/ordinances herein
listed (once models have been provided by the Highlands Council, if
applicable, and funding provided), all intended as municipal-wide, long-term
initiatives unless specifically noted otherwise. Where applicable and
appropriate, these will build upon any such plans, programs, or ordinances
that have already been developed or adopted by the municipality. It is the
explicit intention of the Highlands Council that such plans/programs be
developed in a manner to ensure that implementation is both feasible and
practicable,
potentially
involving
assistance
of
outside
agencies/organizations, working cooperatively for and with the
municipality. In each case where the municipality will serve as lead, release
of funds is contingent upon approval of a scope of work by the Highlands
Council Executive Director.
•
Water Use & Conservation Management Plan. The Highlands
Implementation Plan & Schedule includes an authorization for the
Town of Hackettstown to work cooperatively with the
Hackettstown Municipal Utilities Authority, affected municipalities
and the Highlands Council to prepare a Water Use and
Conservation Management Plan for the Musconetcong R (Hances Bk.
thru Trout Bk.) subwatershed [HUC14 02040105160010]. The
Highlands Council will serve as lead for this project.
•
Habitat Conservation & Management Plan. The Highlands
Implementation Plan and Schedule includes an allocation toward
development of a municipal-wide Habitat Conservation &
Management Plan. This Plan will identify species at risk, options
for restoration of habitat, and standards for mitigation of
unavoidable impacts of public and private projects. Funds to be
released upon approval of scope of work.
•
Sustainable Economic Development Planning (Master Plan
Element). This master plan element will include an overview of
economic development opportunities within Hackettstown,
including an investigation of potential redevelopment sites and
economic advantages associated with the historic character of the
Town. The Highlands Implementation Plan and Schedule has been
modified to include an allocation to accomplish this task, with
linkage to the planning discussed below regarding Highlands
Center designation, redevelopment areas, and historic preservation.
•
Stormwater Management Plan (Updates Only)
•
Land Preservation and Stewardship Program
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
•
Septic System Management/Maintenance Plan
•
Implementing ordinances associated with each of the above (longterm, as applicable), as well as a Right to Farm ordinance (adoption
of which is anticipated earlier in the Plan Conformance phase
without need for a prior planning/program document).
iv. Non-Mandatory Components: The Highlands Implementation Plan and
Schedule also provides for certain non-mandatory components, including
development and implementation of the plans herein listed, all intended as
municipal-wide, long-term initiatives unless specifically noted otherwise.
Where applicable and appropriate, these will build upon any such plans,
programs, or ordinances that have already been developed or adopted by
the municipality. It is the explicit intention of the Highlands Council that
such plans be developed in a manner to ensure that implementation is both
feasible and practicable, potentially involving assistance of outside
agencies/organizations, working cooperatively for and with the
municipality. In each case where the municipality will serve as lead, release
of funds is contingent upon approval of a scope of work by the Highlands
Council Executive Director.
•
Stream Corridor Restoration/Protection Plan. Funding has been
allocated for development of plans to protect/restore streams in
the Town, mitigate the impacts of future land uses on such water
resources, and investigate the potential for a recreational greenway
within these corridors.
•
Historic Preservation Plan (Master Plan Element). Funding has
been allocated for the preparation of an update to the Historic
Preservation Plan element to support the development of a
sustainable economic development strategy and to provide for the
incorporation of the Town’s historic districts into Center
Designation.
•
Highlands Center Designation Planning. The Highlands
Implementation Plan and Schedule includes an allocation for the
preparation of a Highlands Center designation. Planning for the
Center will be linked with the work accomplished through the
Sustainable Economic Development Plan and the Historic
Preservation Plan elements described above. The Town desires to
utilize form-based code as a tool to achieve the goals and
objectives of the Highlands Center, therefore, this work will also be
reflected in Center planning. The Center will also incorporate
redevelopment opportunities, as investigated through the
Highlands Redevelopment Area Planning, described below.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
•
Highlands Redevelopment Area Planning. The Highlands
Implementation Plan and Schedule includes an allocation under
Highlands Center Designation Planning for the purpose of
identifying redevelopment opportunities within the Town and, if
applicable, developing planning support for Highlands
Redevelopment Area designation.
k. Revisions/Amendments Subject to Highlands Council Approval. Any
proposed revision or amendment to any of the aforementioned documents, or to
any other document, plan, or other item approved by the Highlands Council as a
component of Plan Conformance, shall be provided to the Highlands Council for
review. In the event the Highlands Council staff determines that any proposed
modification is of a substantive nature, Highlands Council approval shall be
required prior to adoption by the applicable municipal board, commission, or
governing body. Any revision or amendment adopted without the approval of the
Highlands Council may subject the municipality to revocation of Plan Conformance
approval.
2. Optional Petition Requests. The findings below apply to the Optional Petition Requests
discussed at Section C of this Report.
a. RMP Update(s). The RMP Updates requested in connection with this Petition for
Plan Conformance that were either reclassified or processed but did not result in the
outcome sought by the municipality, should be addressed through Center
Designation or as a Map Adjustment.
b. Highlands Center Designation(s). The Highlands Center Designation requested
in connection with this Petition for Plan Conformance should be approved subject
to the conditions listed and discussed in detail at Appendix B.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
E.
MUNICIPAL RESPONSE PERIOD
The Highlands Council provided a Draft Consistency Review and Recommendations Report
dated May 6, 2011 (sent to the municipality on May 16, 2011). Prior to expiration of the
allocated Municipal Response period, the Town of Hackettstown indicated that it would not be
submitting revised or supplemental materials at this time, but reserved the option to provide
further input during the public comment period. The Town retains that prerogative and
moreover, may seek modifications to any of the documents, as needed, even after Petition
approval by the Highlands Council. Provided such modifications are consistent with the RMP
and the Highlands Council approval, they may be authorized upon review by Highlands Council
staff.
F.
COMMENTS FROM THE PUBLIC
The Final Draft Consistency Review and Recommendations Report was posted to the Highlands
Council website and made available (in paper format) at the Highlands Council offices in
Chester, NJ, for review and comment by the general public.
One comment was received during the period established by the Highlands Council for receipt
of written public comments (May 20, 2011 – June 6, 2011) as follows. The comment/response
document is attached to this document, at Appendix C.
1. Erica Van Auken, New Jersey Highlands Coalition.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
G.
FINAL RECOMMENDATIONS
Based upon the comments received, the recommendations of Highlands Council Staff
concerning the Petition for Plan Conformance of the Town of Hackettstown remain unchanged
from the Preliminary Recommendations.
In conclusion, the Highlands Council Staff recommends that the Petition for Plan
Conformance of the Town of Hackettstown be approved with conditions; with all
applicable conditions being those listed and discussed in Section D, above.
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FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
APPENDIX A
HIGHLANDS COUNCIL REVIEW
REQUESTS FOR RMP UPDATES
Town of Hackettstown, Warren County
Summary of Municipal Requests and Highlands Council Staff Findings
A-1
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
Summary of Municipal Requests and Highlands Council Staff Findings
1. Municipal Request: (Block 44 Lot 2) US Army National Guard property from Protection Zone (PZ) to
Existing Community Zone (ECZ). Portion of site that is developed should be shown as developed and within the
Existing Community Zone.
Highlands Council Findings for #1: This request does not constitute an RMP Update. The
developed portion of the property covers a small percentage of the parcel and is surrounded by
regional forest features. However, the property is within the Preservation Area and may be
entitled to exercise a Highlands Act exemption to address any further development needs as a
federal facility under Exemption #16.
2. Municipal Request: (Block 44 Lot 3) Intercounty Paving Associate property from PZ to ECZ. The entire
site should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #2: The developed portion of the parcel has been changed
to Existing Community Zone with a small area along the west, north, and east border, which is
forested, retaining the Protection Zone and Existing Community Zone – Environmentally
Constrained designation.
3. Municipal Request: (Block 44 Lot 3.01) Parks Edge Commercial Development property from PZ to
ECZ. The entire site should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #3: The developed portion of the parcel has been changed
to Existing Community Zone with a small area in the southern section retaining the Protection
Zone designation.
4. Municipal Request: (Block 44 Lot 4.01) 717 Willow Grove Street property from PZ to ECZ. Because the
site was previously disturbed and is crossed by public utilities, the site should be shown as developed and
incorporated into the Existing Community Zone.
Highlands Council Findings for #4: This request does not constitute an RMP Update,
however, the parcel is part of the proposed Highlands Center and the requested zone change
may be addressed as part of the center designation process.
5. Municipal Request: (Block 44 Lot 4.02) Stormwater Management Facilities on property from PZ to
ECZ. Because the site was previously disturbed and is crossed by public utilities, the site should be shown as
developed and incorporated into the Existing Community Zone.
Highlands Council Findings for #5:
Community Zone.
The entire parcel has been changed to Existing
6. Municipal Request: (Block 44 Lot 4.05) Hampshire Companies Commercial Development property from
PZ to ECZ. The entire site should be shown as developed and be incorporated into the Existing Community
Zone.
Highlands Council Findings for #6: The parcel has been changed to Existing Community
Zone, with a small section along the southern border designated Existing Community Zone –
Environmentally Constrained.
A-2
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
7. Municipal Request: (Block 44 Lot 9) Compac (light manufacturing) property from PZ to ECZ. The entire
site should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #7: The parcel has been changed to Existing Community
Zone, with a small section along the southeastern corner designated Existing Community Zone
– Environmentally Constrained.
8. Municipal Request: (Block 45 Lot 1) Gordon MAB Hackettstown Medical Office Building property from
PZ to ECZ. The entire site should be shown as developed and be incorporated into the Existing Community
Zone.
Highlands Council Findings for #8:
Community Zone.
The entire parcel has been changed to Existing
9. Municipal Request: (Block 45 Lot 1.01) Bilby Road property from PZ to ECZ. Because the site is already
disturbed, is adjacent to public utility lines, and is surrounded by developed/disturbed lands, the property should be
shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #9:
Community Zone.
The entire parcel has been changed to Existing
10. Municipal Request: (Block 45 Lot 2) 104 Bilby Road property from PZ to ECZ. Because the site is
already disturbed, is adjacent to public utility lines, and is surrounded by developed/disturbed lands, the property
should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #10: The parcel has been changed to Existing Community
Zone, with a small section along the southeastern corner designated Existing Community Zone
– Environmentally Constrained.
11. Municipal Request: (Block 45 Lot 2.01) Garden State Asphalt Material property from PZ to ECZ. The
entire site should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #11: The parcel has been changed to Existing Community
Zone, with a small section along the southern edge designated Existing Community Zone –
Environmentally Constrained.
12. Municipal Request: (Block 45 Lot 4) Hackettstown Regional Medical Center Office Building property from
PZ to ECZ. The entire site should be shown as developed as a result of the 2004/2005 hospital expansion
project and be incorporated into the Existing Community Zone.
Highlands Council Findings for #12:
Community Zone.
The entire parcel has been changed to Existing
13. Municipal Request: (Block 45 Lot 4.01) JCP&L substation property from PZ to ECZ. Because the site
is already substantially disturbed and regraded, contains a JCP&L substation, and is surrounded by
developed/disturbed parcels, the site should be shown as developed and incorporated into the Existing Community
Zone.
Highlands Council Findings for #13: The disturbed portion of the parcel has been changed
to Existing Community Zone. The undeveloped section remains Existing Community Zone –
A-3
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
Environmentally Constrained and a small section along the western border remains Protection
Zone.
14. Municipal Request: (Block 45 Lot 6.01) Hackettstown Regional Medical Center Office Building property
from Existing Community Zone Environmentally Constrained (ECZEC) to ECZ. The entire site should be
shown as developed as a result of the 2004/2005 hospital expansion project and be incorporated into the
Existing Community Zone.
Highlands Council Findings for #14:
Community Zone.
The entire parcel is now designated Existing
15. Municipal Request: (Block 45 Lot 7) Mars Snackfood Solar Panel Facility property PZ to ECZ. The
entire site should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #15: A portion of the parcel that had been designated
Protection Zone has been changed to Existing Community Zone, while another portion has
been designated Existing Community Zone – Environmentally Constrained. A small portion
along the northern tip of the parcel remains designated Protection Zone. The remaining sections
have been unchanged and are Existing Community Zone and Existing Community Zone –
Environmentally Constrained.
16. Municipal Request: (Hunter's Brook Subdivision property) from PZ to ECZ. All building lots and road
right-of-ways should be shown as developed and be incorporated into the Existing Community Zone.
Highlands Council Findings for #16: The majority of the parcel (formerly Block 119 Lot 1)
has been changed to Existing Community Zone. A small section in the southeastern corner
remains Protection Zone and several undeveloped edges remain Existing Community Zone –
Environmentally Constrained.
17. Municipal Request: (Block 127 Lot 15) from ECZEC to ECZ. Because there is an approved development
related to what currently exists, the site is served by public utilities, and the site is surrounded by developed sites,
the site should be shown in its entirety as being developed and be incorporated into the Existing Community Zone.
18. Municipal Request: (Block 129 Lot 26) from ECZEC to ECZ. Because the site is partially developed,
contains an approved development, is served by public utilities, is surrounded by other developed sites, and there are
no critical environmental features on-site, the site should be shown as developed and be incorporated into the
Existing Community Zone.
Highlands Council Findings for #17 & 18: These requests do not constitute RMP Updates,
however, the parcels are part of the proposed Highlands Center and the requested zone changes
may be addressed as part of the center designation process.
A-4
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
APPENDIX B
HIGHLANDS COUNCIL REVIEW
REQUEST FOR HIGHLANDS CENTER DESIGNATION
Town of Hackettstown, Warren County
B-1
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
Highlands Council Staff Recommendation Report
Proposed Highlands Center Designation
Town of Hackettstown, Warren County
Application Type:
Proposed Highlands Center Designation
Name:
Hackettstown Highlands Center
Municipality:
Town of Hackettstown
County:
Warren County
Highlands Act Area:
Planning Area
Proposed:
Highlands Regional Center Designation for the Town of Hackettstown
______________________________________________________________________________
Executive Summary
Incorporated in 1853, the Town of Hackettstown has functioned as a regional center for decades. Located
on the northeastern edge of Warren County along the Musconetcong River, Hackettstown is home to
Centenary College, M&M/Mars, Hackettstown Regional Medical Center, diverse residential neighborhoods,
and a thriving downtown business district. Hackettstown is accessible from a well-developed road and transit
network. Several major roadways traverse the Town – State Routes 57, 46, 182, and County Routes 517 and
604. The Town is served by the NJ Transit Montclair-Boonton train line, as well as multiple bus routes.
Although Hackettstown is almost completely developed, it has been experiencing a surge in development and
redevelopment initiatives. The Town adopted the Stiger Street Redevelopment Area in 1999, which
encompasses the area around the Hackettstown Train Station, including the Bergen Tool Site. Proposals
have also been made for development associated with Hackettstown Regional Medical Center, including
affordable housing projects. M&M/Mars recently installed a solar facility on land adjacent to its industrial
facilities to supply energy for their operations.
Hackettstown’s Highlands Center proposal encompasses the central business district, the Hackettstown
Historic District, the Centenary College Campus, the Stiger Street Redevelopment Area, the Hackettstown
Regional Medical Center and adjacent affordable housing projects, M&M/Mars, and commercial/residential
development near the border with Mansfield Township (see Figure1). The total area of the proposed
Highlands Center includes approximately 743 acres, all of which is in the Planning Area and is served by both
water and sewer service.
The intent of Center Designation is to support Hackettstown’s efforts to redevelop and revitalize the core of
the municipality.
The Town’s overall purpose for their Regional Center is to facilitate
development/redevelopment of a mix of land uses, where appropriate; compact design; walkable
neighborhoods; distinctive and attractive residential neighborhoods; a thriving downtown business area;
enhanced parks and open space; future development/redevelopment, where infrastructure is available; and
efficient transportation options. Coordination of roadway improvements, downtown enhancement and
redevelopment, context sensitive design, form-based zoning, and low impact development techniques will all
serve to strengthen the economic well-being and long-term health of the community and support the goals of
the Town of Hackettstown.
B-2
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
Having reviewed all aspects of the municipality’s proposal, the Highlands Council staff concludes that
designation of Hackettstown’s proposed Highlands Regional Center would advance the intents and purposes
of both the Highlands Act and the Highlands Regional Master Plan (RMP). Highlands Center Designation
would have no negative impact upon the public good nor be detrimental to the RMP or the local master plan.
Designation would confer substantial benefits upon each, the municipality, the sub-region in which the
municipality is located, and the Highlands Region as a whole. Highlands Council staff recommends approval
of this Highlands Center by the Highlands Council as a component of Plan Conformance for the Town of
Hackettstown.
Rationale for Approval of Highlands Center Designation
1. Highlands Center designation directly addresses the goals of the Highlands Act for the Planning Area
and supports RMP Future Land Use Programs associated with the identification of suitable locations
within the Planning Area in which to permit and encourage appropriate, sustainable growth and
development.
2. The Hackettstown Highlands Center addresses the principles of smart growth, both locally and
within the larger Highlands Region, and is supportive of Highlands Regional Master Plan Policy 6F6,
Objective 6F6a, and Policies 6O2 and 9A3.
3. The Hackettstown Highlands Center focuses future development and redevelopment into the core of
the Town and provides for appropriate sustainable growth and economic development
opportunities.
4. Incorporation of Center-specific provisions within the municipal Water Use and Conservation
Management Plan (WUCMP) will provide opportunity for enhanced water resource protections and
conservation measures to improve recharge and help mitigate the water deficit situation which exists
in the source HUC14 subwatersheds.
5. The proposed Hackettstown Highlands Center incorporates smart growth principles espoused by the
RMP Future Land Use Programs and incorporates the Fair Share Plan affordable housing obligations
for the municipality in accordance with the RMP.
6. The Hackettstown Highlands Center is uniquely situated with convenient access to infrastructure and
multi-modal transportation opportunities.
Development and redevelopment projects will
incorporate pedestrian and bicycle access, providing connections to shopping, jobs, recreation,
community facilities, stream corridor greenway areas, and historic sites.
7. The Hackettstown Highlands Center will incorporate Low Impact Development techniques and
strategies wherever feasible.
8. The Hackettstown Highlands Center offers opportunity for sustainable economic development,
providing needed commercial goods and services to the community and surrounding areas and
making efficient use of existing transportation and infrastructure.
Conditions of Highlands Center Designation
1. Adoption of an ordinance petitioning for Plan Conformance with respect to all Planning Area lands.
B-3
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
2. Pending both funding and technical assistance from the Highlands Council, the Town will prepare a
municipal-wide Stream Corridor Protection and Restoration Plan that investigates the potential for a
recreational greenway along the Musconetcong River and tributaries within the municipality.
Planning for Hackettstown’s Highlands Center shall identify environmental resource lands that may
support the spine of a greenway, particularly along the less-developed edges of the Town – Stephen’s
State Park in the north; the Trout Brook stream corridor and associated wetlands, adjacent to the
Rockport Game Farm along the southwestern border with Independence Township; the preserved
lands associated with the Hatchery, south of Centenary College and adjacent to Mansfield Township;
and the Hackettstown Riverfront Park and the river edge adjacent to the Loews Shopping Center
along the southeast border with Mount Olive Township.
3. All Plan Conformance municipalities are required to adopt a Water Use and Conservation
Management Plan (WUCMP), however in support of Highlands Center designation, the Town of
Hackettstown will work cooperatively with the Hackettstown Municipal Utilities Authority, affected
municipalities and the Highlands Council to prepare Water Use and Conservation Management Plans
for the two HUC14 subwatersheds which serve the Town’s water supply and are currently in a deficit
situation. The Town is located primarily within the Musconetcong River (Hances Brook thru Trout
Brook) subwatershed [HUC14 02040105160010]. The Highlands Council will serve as lead for this
work.
4. Full development and adoption (after Highlands Council approval) of supporting provisions for
Hackettstown’s Master Plan Highlands Element in support of the designated Highlands Center,
specifying goals and objectives, and setting forth intended land uses, allowances as to the
density/intensity of development/redevelopment activities, and as needed, protections for any
Highlands resources that exist therein.
5. Development and adoption (after Highlands Council approval) of ordinance provisions governing
the Hackettstown Highlands Center that include the relevant development and redevelopment
conditions required by the RMP Water Resources and Water Utilities Program, and the Future Land
Use Program - Low Impact Development, Redevelopment and Housing and Community Facilities
components.
6. Preparation of an updated Historic Preservation Master Plan element to address some of the
concerns raised in the January 2008 Reexamination Report, such as development of architectural
guidelines or revisions to the existing Historic Preservation Ordinance. The update of this element
shall include development of a strategy plan for incorporating the Historic Districts and other
historic resources into the Hackettstown Highlands Center and associated economic development
planning.
7. The Town of Hackettstown shall comply with the conditions and requirements identified by the
Highlands Council as necessary to achieve Highlands Plan Conformance, as specifically set forth
within the final Consistency Review and Recommendations Report, Highlands Implementation Plan
and Schedule, and final, adopted Highlands Council Resolution granting such approval.
B-4
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Legend
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
APPENDIX C
PUBLIC COMMENTS/HIGHLANDS COUNCIL RESPONSES
Petition for Plan Conformance
Town of Hackettstown, Warren County
D-1
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
PUBLIC COMMENTS RECEIVED
Written comments regarding the Town of Hackettstown’s Petition for Plan Conformance were accepted by
the Highlands Council through the close of the Public Comment period on June 6, 2011. Comments were
provided by the following individuals/entities:
1. Erica Van Auken, New Jersey Highlands Coalition.
Comment:
conformance.
The Highlands Coalition supports the Town of Hackettstown’s petition for plan
Response:
The Highlands Council acknowledges the overall support for the Petition for Plan
Conformance.
Comment:
The Highlands Coalition supports the implementation of a Highlands Redevelopment
Designation and Stream Corridor Protection and Restoration Plan as long as they are fully consistent with the
Regional Master Plan. Specifically noted was redevelopment of the Bergen Tool Site, which is located within
the proposed Highlands Center.
Response:
The Highlands Council acknowledges support for these two components of Plan
Conformance implementation. Redevelopment of the Bergen Tool Site, and potentially other sites identified
during the Highlands Center designation process, will be in accordance with the goals, policies and objectives
of the Regional Master Plan, notably, Policy 6H4 - To promote compatible growth opportunities that include
in-fill development, adaptive re-use, redevelopment, and brownfields redevelopment in existing developed
areas; and Policy 6H5 - To promote land uses which create a sense of place with attractive, walkable
neighborhoods that support community connectivity of developed lands and community facilities.
The Draft Highlands Implementation Plan and Schedule includes an allocation for the development of a
Stream Corridor Protection and Restoration Plan which will be designed to both protect and restore stream
corridors and plan for use of these stream corridors as a recreational greenway within the Town. A healthy
stream system is expected to benefit flora and fauna, as well as the human population which enjoys these
resources. The work associated with the Stream Corridor Protection and Restoration Plan will be fully
consistent with the Regional Master Plan.
Comment:
The Highlands Coalition is concerned that future development will strain existing water
resources unless water use and conservation measures are aggressively implemented throughout all
subwatersheds.
Response:
Water Use and Conservation Management Plans will be developed over time for
subwatersheds within the Highlands Region for the purpose of reducing and, where possible, eliminating Net
Water Availability deficits, as a requirement of Plan Conformance. The Draft Highlands Implementation Plan
and Schedule includes an allocation of funds for the Town of Hackettstown in collaboration with the
Hackettstown Municipal Utilities Authority (HMUA), other affected municipalities, and the Highlands
Council to develop a Water Use and Conservation Management Plan for the purpose of reducing and, where
possible, eliminating Net Water Availability deficits, which plans will include ongoing activities of the HMUA,
such as conservation rate structures and asset management.
D-2
FOR CONSIDERATION AT THE AUGUST 3, 2011 MEETING OF THE
NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL
Petition for Plan Conformance – Final Consistency Review and Recommendations Report
In a separate application, the HMUA is working with the Highlands Council to decommission reservoirs
which will likely improve water quality as the temperature, dissolved oxygen, and nutrient impairments that
accompany deep, still water are eliminated. Additionally, aquatic ecology is likely to improve in these stream
reaches as the flow regimes are restored to natural flows and the stream corridor is returned to a riparian
habitat.
Comment:
The Highlands Coalition questions the ability of the Town of Hackettstown to
accommodate the affordable housing projections they have included in their Housing Element and Fair Share
Plan without undue stress on the natural environment. The Coalition suggests that affordable housing needs
be sensitive to the historic character of the Town and that an Historic Preservation Plan element be
developed to accomplish this intention.
Response:
The Town of Hackettstown, in their Housing Element and Fair Share Plan (HE&FSP),
developed projections of growth and consequent growth share obligations in accordance with the
requirements of the Council on Affordable Housing (COAH). The Town’s projections are based on actual
development from 2004 through 2008 and anticipated growth beyond to 2018. The HE&FSP anticipates
infill and redevelopment within the Town and endorses a policy to encourage development that maintains the
character of the Town.
The Draft Highlands Implementation Plan and Schedule includes, among other initiatives aimed at
supporting Hackettstown’s Highlands Center, an allocation to update the Town’s Historic Preservation Plan
element, with emphasis on incorporating the existing Historic District into the overall plans for the Center
and considering appropriate architectural guidelines for use within the Historic District.
Comment:
The Highlands Coalition would like to have an historic survey conducted as part of the
Historic Preservation Plan element for the Town of Hackettstown.
Response:
The Town of Hackettstown 1988 Master Plan includes a Historic Resource Inventory for
the Hackettstown Historic District. The Highlands Historic, Cultural, and Archaeological Resource
Inventory also includes all resources listed on the National and State Register of Historic Places, as well as
though resources considered eligible for listing. As noted above, the Draft Highlands Implementation Plan
and Schedule includes an allocation to update the Town’s Historic Preservation Plan element, however, this
does not anticipate completion of a new historic survey of the Town.
Comment:
The Highlands Coalition is concerned that the affordable housing site known as Van
Paftinos III will place additional strain on the existing traffic patterns within the Town.
Response:
The Van Paftinos III affordable housing project is expected to include 80 affordable housing
units. The sites are located within one mile of the Hackettstown Train Station and within approximately ½
mile of the Hackettstown Regional Medical Center. This inclusionary development is consistent with the
Regional Master Plan goals, policies and objectives encouraging compact development, proximity to
alternative modes of transportation and the creation of a range of housing types.
D-3