Your Water – Your Future Protecting and Preserving Ground Water via the Highlands RMP Ground Water Summit 2008 The Ground Water Protection Committee Presented by Thonet Associates Inc. Environmental Planning & Design Consultants October 29, 2008

On August 10, 2004, the Highlands Water Protection and Planning Act became law.

After 4 years of hard work, the Highlands Council has adopted the Highlands Regional Master Plan (RMP)

Now its time for NJ Highlands’ citizens to join the Highlands Planning Team… But what can we do?

What can Towns do to Protect and Preserve Highlands Water Resources? Amend Master Plans and Land Development Ordinances to Conform to the RMP!

When would be a good time? Now!

Step 1: Appoint a RMP Conformance Committee Suggested Committee Members:  Two members of the Environmental Commission;  Two Planning Board members;  Two members of the governing body; and  The Planning Board’s professional consultants (planner, engineer, environmental consultant)

Step 2: The Town’s RMP Conformance Committee Should Get to Work  Start by reading the RMP.  Then, invite the Highlands Council to conduct an overview meeting with:  The Planning Board;  The Environmental Commission;  The governing body; and  The public.

The Town’s RMP Conformance Committee’s Tasks  Ask the Highlands Council to explain:  The benefits associated with Plan Conformance;  The RMP as it applies to the municipality;  The tasks required to achieve confomance;  The process that the municipality must follow for Plan conformance; and  How to file a Notice of Intent;  Ask the Highlands Council to provide an individualized information packet (maps and technical data specific to the municipality).

The Town’s RMP Conformance Committee’s Tasks Prepare a report identifying any factual errors in the RMP and provide a copy to the Highlands Council (and the municipality’s planning board and governing body). Prepare a report identifying any factual errors in the RMP and provide a copy to the Highlands Council (and the municipality’s planning board and governing body). Conduct a “self-assessment” to identify how the municipal Master Plan and Land Development Ordinances need to be amended to conform with the RMP and document findings in a formal report. Conduct a “self-assessment” to identify how the municipal Master Plan and Land Development Ordinances need to be amended to conform with the RMP and document findings in a formal report.

The Town’s RMP Conformance Committee’s Tasks Prepare an implementation plan and schedule for amending the municipal Master Plan and Land Development Ordinances. (Can separate into “Basic Plan Conformance” and “Plan Conformance” Prepare an implementation plan and schedule for amending the municipal Master Plan and Land Development Ordinances. (Can separate into “Basic Plan Conformance” and “Plan Conformance” Present the self-assessment report and implementation plan to the full Planning Board and governing body at a public hearing. Present the self-assessment report and implementation plan to the full Planning Board and governing body at a public hearing.

The Town’s RMP Conformance Committee’s Tasks Obtain authorization from the full Planning Board and the governing body for to prepare the proposed revisions to the municipal Master Plan and Land Development Ordinances. Obtain authorization from the full Planning Board and the governing body for to prepare the proposed revisions to the municipal Master Plan and Land Development Ordinances. Prepare the proposed revisions to the Master Plan and Land Development Ordinances. Prepare the proposed revisions to the Master Plan and Land Development Ordinances. Submit proposed revisions to the Master Plan and Land Development Ordinances to the full Planning Board for its review. Submit proposed revisions to the Master Plan and Land Development Ordinances to the full Planning Board for its review.

The Town’s RMP Conformance Committee’s Tasks Request that the Planning Board pass a resolution recommending to the governing body that the revised Master Plan and Land Development Ordinances be submitted to the Highlands Council as part of the Town’s “Petition for Plan Conformance.” Request that the Planning Board pass a resolution recommending to the governing body that the revised Master Plan and Land Development Ordinances be submitted to the Highlands Council as part of the Town’s “Petition for Plan Conformance.”

Step 3: The Governing Body Submits the Town’s “Petition for Plan Conformance” For municipalities wholly or partially within the Preservation Area: Due by June 8 to December 8, For municipalities wholly or partially within the Preservation Area: Due by June 8 to December 8, For municipalities wholly or partially within the Planning Area: May be submitted at any time for those portions of the community within the Planning Area. For municipalities wholly or partially within the Planning Area: May be submitted at any time for those portions of the community within the Planning Area. For municipalities with portions in both the Preservation and Planning Areas: A petition for simultaneous plan conformance may be requested. For municipalities with portions in both the Preservation and Planning Areas: A petition for simultaneous plan conformance may be requested.

Then What? Review and action by the Highlands Council; Review and action by the Highlands Council; Preparation of any additional revisions needed to the municipal Master Plan and Land Development Ordinances; Preparation of any additional revisions needed to the municipal Master Plan and Land Development Ordinances; Formal adoption of the revised municipal Master Plan by the Planning Board; Formal adoption of the revised municipal Master Plan by the Planning Board; Formal adoption of the revised Land Development Ordinances by the governing body. Formal adoption of the revised Land Development Ordinances by the governing body.

Why Conform to the RMP? The RMP represents a reasonable and rational approach to preserving and protecting the water and other resources in the NJ Highlands for the long term. The RMP represents a reasonable and rational approach to preserving and protecting the water and other resources in the NJ Highlands for the long term. Conforming to a well thought out regional master plan really is better than praying for a sustainable water supply for New Jersey. Conforming to a well thought out regional master plan really is better than praying for a sustainable water supply for New Jersey.

Other Benefits of Plan Conformance  Planning Grants and Technical Assistance;  Transfer of Development Rights Feasibility Grant Program;  Transfer of Development Rights – Impact Fees and Enhanced Planning Grants;  Tax Stabilization Funds;  State Aid and Assistance for Smart Growth;  Strong presumption of validity, extraordinary deference, and burden of proof;  Legal representation; and  Plan Conformance equivalence to State Plan Endorsement.

Concerns with the RMP? Allowing continued development in areas that lack sufficient water supplies; Allowing continued development in areas that lack sufficient water supplies; Allowing new clustered developments served by wells and septics at densities that may result in exceeding the state standard of health and safety for nitrates in well water; Allowing new clustered developments served by wells and septics at densities that may result in exceeding the state standard of health and safety for nitrates in well water; Allowing encroachment into previously undisturbed 300- foot buffers along C-1 waters in redevelopment areas; Allowing encroachment into previously undisturbed 300- foot buffers along C-1 waters in redevelopment areas;

Recommendations Don’t worry about on-going environmentally- related concerns with the current RMP. Don’t worry about on-going environmentally- related concerns with the current RMP. Actively pursue “conformance” with the RMP while continuing to work with the Highlands Council regarding your remaining concerns. Actively pursue “conformance” with the RMP while continuing to work with the Highlands Council regarding your remaining concerns. Employ the Precautionary Principle in revising municipal Master Plans and Land Development Ordinances to conform with the RMP. Employ the Precautionary Principle in revising municipal Master Plans and Land Development Ordinances to conform with the RMP.

Three Elements of the Precautionary Principle Significant Threat of harm Significant Threat of harm Scientific uncertainty Scientific uncertainty Preventive, precautionary action Preventive, precautionary action

Applying the Precautionary Principle Select least harmful alternatives that accomplish compliance; Select least harmful alternatives that accomplish compliance; Select alternatives that are cost effective and demonstrably sustainable in the long-term; Select alternatives that are cost effective and demonstrably sustainable in the long-term; Avoid alternatives that require employment of unproven mitigation. (Prevent impacts. Don’t permit impacts, hoping to later mitigate for those impacts.) Avoid alternatives that require employment of unproven mitigation. (Prevent impacts. Don’t permit impacts, hoping to later mitigate for those impacts.) Don’t hesitate to be more stringent than the RMP requires. The RMP permits more stringent requirements. Don’t hesitate to be more stringent than the RMP requires. The RMP permits more stringent requirements.

It’s time to get to work on conformance!

Thank you Presentation by: John A. Thonet, PE, PP President Thonet Associates Inc. Environmental Planning & Design Consultants 14 Upper Kingtown Road Pittstown, NJ

NJ Highlands’ Nitrate Dilution Model Uses: Uses: Drought recharge [1960’s drought ( ), 2/3 average annual recharge]; Drought recharge [1960’s drought ( ), 2/3 average annual recharge]; Non-degradation target in Preservation Area: Non-degradation target in Preservation Area: 0.83 mg/l regional average; Farmland: 25 acres/septic system; 0.83 mg/l regional average; Farmland: 25 acres/septic system; 0.17 mg/l forested areas; Forested areas: 88 acres/septic system mg/l forested areas; Forested areas: 88 acres/septic system.

NJ Highlands’ Nitrate Dilution Model In the Planning Area: In the Planning Area: Protection Zone: 0.72 mg/l; yields 26 acres/septic system; Protection Zone: 0.72 mg/l; yields 26 acres/septic system; Conservation Zone: 1.87 mg/l; yields 10 acres/septic system; Conservation Zone: 1.87 mg/l; yields 10 acres/septic system; Existing Community Zone: 2 mg/l; yields 9 to 9.5 acres/septic system. Existing Community Zone: 2 mg/l; yields 9 to 9.5 acres/septic system. Where clustering is permitted: 10 mg/l within the developed area. (Violation of State antidegradation policy? Should be 6 mg/l) Where clustering is permitted: 10 mg/l within the developed area. (Violation of State antidegradation policy? Should be 6 mg/l)

NJ Highlands Water Availability Determinations Low Flow Margin Method ( Sept. median flow minus 7Q10 flow); Low Flow Margin Method ( Sept. median flow minus 7Q10 flow); Assumes 23% consumptive use (mostly summertime uses); Assumes 23% consumptive use (mostly summertime uses); Water Availability: Water Availability: Protection Zone: 5% of LFM; Protection Zone: 5% of LFM; Conservation Zone: 10% of LFM for Agricultural use and 5% of LFM for human use; Conservation Zone: 10% of LFM for Agricultural use and 5% of LFM for human use; Existing Community Zone: 20% of LFM. Existing Community Zone: 20% of LFM.

NJ Highlands Water Availability Determinations in Deficit Areas In deficit areas: In deficit areas: Protection Zone: 5% of LFM; Subject to a 1% of LFM cap (Conditional Water Availability) and 125% to 200% mitigation, absent a Municipal Water Use and Conservation Management Plan. Protection Zone: 5% of LFM; Subject to a 1% of LFM cap (Conditional Water Availability) and 125% to 200% mitigation, absent a Municipal Water Use and Conservation Management Plan. Conservation Zone: 5% of LFM Depletive and Consumptive Use (up to Standard Threshold) ; Subject to a 1% of LFM cap (Conditional Water Availability) and 125% to 200% mitigation, absent a Municipal Water Use and Conservation Management Plan. Conservation Zone: 5% of LFM Depletive and Consumptive Use (up to Standard Threshold) ; Subject to a 1% of LFM cap (Conditional Water Availability) and 125% to 200% mitigation, absent a Municipal Water Use and Conservation Management Plan.

NJ Highlands Water Availability Determinations in Deficit Areas Existing Community Zone: 5% of LFM Depletive and Consumptive Use (up to Standard Threshold) subject to a 2% of LFM cap (Conditional Water Availability) until 125% mitigation has been provided, absent a Municipal Water Use and Conservation Management Plan. Existing Community Zone: 5% of LFM Depletive and Consumptive Use (up to Standard Threshold) subject to a 2% of LFM cap (Conditional Water Availability) until 125% mitigation has been provided, absent a Municipal Water Use and Conservation Management Plan.