Issues for Council
Discussion
April 10, 2008
Innovative
Land Preservation
Tools
Purpose of Report
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Council and others requested additional tools for land
preservation (farmland and open space) that are not
currently being used in New Jersey
To be incorporated into Land Preservation and
Stewardship Technical Report and acknowledged in
RMP Land Preservation Program as potential options
worthy of additional analysis and consideration
No tool being recommended for immediate
endorsement by Council.
1. Conservation Tax Credits
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An income tax credit available to landowners who
voluntarily preserve their land through the donation of
a conservation easement and/or fee title. The donation
must protect conservation values as defined by the
State and must be made to an entity qualified to hold
such property interest by the terms of the legislation
creating the credit.
12 states have program
2. Installment Purchase
Options/Agreements (IPA)
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An innovative payment plan for permanent
preservation, usually of agriculture, that spreads
out payments so landowners receives semiannual, tax exempt interest over a term of years
(typically 20 to 30), followed by principal at the
end of the contract term.
Burlington County, NJ and Maryland counties
have IPA programs
3. Property Tax Relief
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In addition to the current New Jersey Farmland
Assessment Program a property tax relief
program would provide an even greater tax
reduction to the landowner, in exchange for an
equal lien payable at property sale or upon
conversion of the land to an impermissible use.
State pays the municipality the difference in
property taxes.
New York has similar program but more limited
4. Next Generation Farmland Acquisition
Program (NGFAP)
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An innovative program where counties and
commercial lenders help young or beginning
farmers to purchase quality rural working land
and permanently preserve this land at the same
time. Credit history, equity position, work
experience and proposed business plan of a
beginning farmer are taken into consideration.
Maryland is developing program
5. Statewide or Regional Local Land
Trust/Fee Simple
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Creation of statewide or regional land trusts that
are incorporated as non-profit tax exempt
organizations under section 501(c)(3) of the
Internal Revenue Service code under the
purview of the State. Hold and manage
conservation easements.
Programs exist in Maryland and northern
California
6. Term Conservation Easements
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A voluntary technique that preserves land for a set
period of time, such as twenty or thirty years. A
government or non-profit entity pays the landowner a
rental fee in exchange for prohibiting non-agricultural
development on the land for that period. (Can be
combined with an option to purchase the land during
the term.)
Builds from concepts of the State Agriculture
Development Committee’s 8-year conservation
program
7. Land Preservation Tontine
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An incentive based tool, which uses a private
party contract to provide incentives for
landowners to maintain agricultural uses over
large areas. Remaining landowners gain benefits
from any landowners that sell for non-farm
purposes, through claims to conversion funds.
8. Agricultural Conservation Pension
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An alternative way to finance a farmer’s
retirement. Under the pension program
retirement incremental income would be
guaranteed to farmers who attach an easement
to their land and continue farming the land.
New concept
9. Mandatory Source Water Protection
Programs for Water Purveyors
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A program that requires water purveyors develop and
implement approved source water protection plans for
their water supply sources, with an objective of
achieving a specific level of protection over time.
Would provide a new revenue source and
implementation entity for both land preservation and
the reduction of pollutant sources.
Similar to New York State requirements through
Department of Health
Water and Wastewater
Utilities Program
(New for Chapter V)
Purpose of the New Program
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Response to Public comments on Final Draft
RMP suggesting a Program to provide guidance.
Determine existing and potential capacity for
service.
Identification of appropriate or inappropriate
areas for provision and how capacity would be
allocated.
Protective measures for resources included.
Verification of Utility Capacity
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Update RMP data on:
Permitted capacity
„ Current and maximum demands
„ Temporary increased or reduced demands that will
revert to normal in the near term (e.g. emergencies)
„ Contractual commitments and court-ordered
commitments for future demands
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Estimated impacts of water conservation and
efficiency methods
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Regulatory & Non-regulatory
Constraints
Identify constraints to utility capacity beyond
facility capacity and current/committed demands
Net water availability
NJDEP Preservation Area rules at N.J.A.C. 7:38
Reservoir system safe yields
Areawide Water Quality Management Plans,
including sewer service areas, facility size limits,
TMDLs, etc.
Franchise and Contractual agreements
Sensitive Environmental Resources
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Protect by excluding from service areas or by
ordinance, unless RMP Update approved
showing that resource not actually present
Preservation Area (Act’s restrictions apply)
Planning Area Agricultural and Forest Resource
Areas, Conservation and Protection Zones,
Environmentally-Constrained Sub-zones (note
provisions for clusters or waivers)
Highlands Open Water buffers, riparian areas,
steep slopes, karst topography, prime recharge
areas, Critical Habitat, parts of wellhead
protection areas – as restricted under GPOs
Build-out Analysis
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Existing Area Served – Capacity of utilities to
serve full area must be analyzed:
Public health & safety needs
„ TDR receiving areas and redevelopment potential
„ Infill & currently served properties
„ Non-Highlands portions of service areas
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Planning Area ECZ Proposed Service Areas –
Voluntary growth. Apply RMP density smart
growth requirements
Planning Area CZ and PZ Proposed Service
Areas – Clusters and waivers only
Clusters and Waivers
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Clusters – Recommending 90% minimum
preservation where public or community on-site
wastewater utilities used (otherwise 80% for
septic systems as in Final Draft RMP). To be
included in revised GPOs
Public Health & Safety – Program includes
approach for defining and proving need based
on septic system failures or other clear public
health threat, with constraints on the size of the
proposed service areas
Planning & Project Review
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Water and Wastewater Utilities planning results
– part of required Utility Services Element of
municipal master plan
County Wastewater Management Plan can be
used by reference where it includes sufficient
information for any part of requirements
Project Review Standards – as a result of the
above analyses will be adopted by municipalities
during Plan Conformance
Summary of Plan
Conformance
Key Requirements
ENVIRONMENTAL/INFRASTRUCTURE
CAPACITY ANALYSES
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Environmental Resource Inventory
RMP Update Analysis
Land Use Capability Analysis
“Limiting Factor” Analysis
Build-Out Analysis
PLANNING ANALYSES
a) capacity constraints;
b) natural resource protection;
c) open space and farmland preservation;
d) optimizing use of public infrastructure;
e) transportation constraints and opportunities;
f) economic sustainability;
g) community needs and desires; and
h) principles of equity, overall sustainability, and
smart growth.
Develop Land Use Plan (update or overlay)
Municipal Self-Assessment
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As a result of the environmental/infrastructure
analyses and the planning analyses municipality
must complete municipal self-assessment
Municipal Self-assessment Report must be
prepared. List and provide schedule for all
items necessary to achieve Plan Conformance
MASTER PLAN
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Policies, Goals, Objectives
Land Use Plan
Housing Plan
Conservation Plan
Utilities Plan
Circulation Plan
Open Space Plan
Agriculture Retention/Farmland Preservation Plan (if
applicable
Community Facilities Plan
Sustainable Economic Development Plan
Historic Preservation Plan (if applicable)
Development Transfer Plan (if applicable)
Relationship of Master Plan to other Plans including RMP
LAND USE
ORDINANCES/DEVELOPMENT
REGULATIONS
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Definitions
Zone Districts and District Regulations
Application Submission Checklists
Notice Requirements
Highlands Council Review
Resource Area and Supporting Regulations (next slide)
Application Procedures
Resource Area and Supporting
Regulations
Steep Slopes
Forest Areas
Open Water and Riparian Areas
Ground Water Recharge Management
Wellhead Protection
Stormwater Management
Right to Farm
Critical Habitat
Carbonate Rock Areas
Agricultural Resources
Lake Management
Low Impact Development
Scenic Resources
Historic/Cultural
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REDEVELOPMENT PLANS
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PROPOSED MAP ADJUSTMENTS
Basic Plan Conformance
Plan Conformance with conditions
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Subset of Plan Conformance – first steps to plan
conformance to be achieved within 15 months
of RMP adoption for Preservation Area
communities