Transcript Stormwater Management Rules

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
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).

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”

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.

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.
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.”
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, 2009.

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.
Then What?

Review and action by the Highlands Council;

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 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.

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 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 300foot buffers along C-1 waters in redevelopment areas;
Recommendations

Don’t worry about on-going environmentallyrelated concerns with the current RMP.

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.
Three Elements of the
Precautionary Principle



Significant Threat of harm
Scientific uncertainty
Preventive, precautionary action
Applying the
Precautionary Principle

Select least harmful alternatives that accomplish
compliance;

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.)

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 08867
908.238.0473
www.thonetassociates.com
[email protected]
NJ Highlands’ Nitrate Dilution
Model

Uses:
Drought recharge [1960’s drought (1961 -1965), 2/3
average annual recharge];
 Non-degradation target in Preservation Area:

0.83 mg/l regional average; Farmland: 25 acres/septic
system;
 0.17 mg/l forested areas; Forested areas: 88 acres/septic
system.

NJ Highlands’ Nitrate Dilution
Model

In the Planning Area:
Protection Zone: 0.72 mg/l; yields 26 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.


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);
Assumes 23% consumptive use (mostly
summertime uses);
Water Availability:
Protection Zone: 5% of LFM;
 Conservation Zone: 10% of LFM for Agricultural
use and 5% of LFM for human use;
 Existing Community Zone: 20% of LFM.

NJ Highlands Water Availability
Determinations 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.
 Conservation Zone: 5% of LFM + 2003 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 + 2003
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.