Highlands Plan Adopted in Split Vote

The Highlands Council, by a vote of 9-5, adopted the regional master plan for the 860,000 acre Highlands, which encompasses portions of Morris, Sussex, Bergen, Passaic, Warren, Somerset and Hunterdon counties. The plan, which is still subject to final approval or veto by the Governor within the next thirty days, places severe limits or outright restricts development on more than half of the 1,250 square miles of land that are within the Highlands boundaries. While the enabling legislation purports to be a watershed protection act, many critics charge that the boundaries for preservation or planning were arbitrarily drawn and that the law is more of an open space protection law than a plan to preserve drinking water for other regions of the state.

During the day-long proceedings on Thursday, many landowners complained that their properties were made worthless by the legislation and the master plan, with no monetary relief in sight from the state, despite provisions in the Act requiring compensation.

According to the Star Ledger:

The plan that won approval included an estimate that it will cost $1.3 billion over the next decade to preserve lands most in need of protection, even as the state’s open-space coffers begin to run dry.

The council also needs millions of dollars to fund a complex transfer-of-development-rights program — intended to funnel money from developers seeking approvals for high-density development elsewhere to Highlands landowners no longer able to develop their land.

Where the money for preservation will come from is an unanswered question, and the other two council members who voted against the plan, Kurt Alstede and Glen Vetrano, cited that issue.

Alstede said many of his friends lost equity because of the Highlands Act, and he termed the Legislature’s failure to supply a funding source for compensation “pitiful.”

“They are told the money will come someday,” he added. “I ask, how long must they wait?”

For the full Star Ledger article, click here.

For the Record’s view of the proceedings, click here.

Final Highlands Master Plan Expected to Be Approved

The Highlands Council is expected to approve the Highlands master plan today, which severely restricts development in over 80 percent of the 800,000 acres within the seven counties encompassing the Highlands region. There is substantial opposition to the plan from both ends of the spectrum, with environmentalists charging that the plan is too watered down while builders, farmers and property owners claim that the Highlands Act and the plan unduly limit their ability to develop their property and have destroyed their land values.

The Daily Record provides a comprehensive review of the plan here.

The Star Ledger outlines the issues in a question and answer format here.

Star Ledger columnist Paul Mulshine provides his take on the Highlands master plan here.

NJ League of Municipalities Files Challenge to COAH Regulations

In the first of what is expected to be several challenges to the regulations adopted by the Council on Affordable Housing (COAH), the New Jersey League of Municipalities has filed a lawsuit challenging the “third round” regulations adopted on June 2, 2008.

The suit, which was announced at a press conference on Tuesday morning, alleges that the recently-adopted rules are flawed and place an unfair burden on property taxpayers to pay for the construction of affordable housing. League Executive Director William Dressel stressed that the challenge only encompasses the regulations and not the legislative amendments to the Fair Housing Act (A-500) which are expected to be signed into law by Governor Corzine on Thursday.

According to League Assistant General Counsel Edward J. Buzak:

We take this action today in support of achieving a sustainable affordable housing policy and in defense of our property taxpayers. We hope that the end result will be a methodology that encourages the participation of local governments, accommodates and promotes the development of affordable housing and does so in a manner consistent with local and State planning efforts.

For the Star Ledger article, click here.

Morin to Moderate Seminar on NJ Land Development Approval Process

On Wednesday, July 16, 2008, Philip J. Morin III will be on the faculty for this one-day Lorman Educational Services Seminar that will discuss land use law, environmental issues and the development approval process in New Jersey. Panelists will also address the status of the third-round affordable housing regulations, potential amendments to the redevelopment laws, and review recent court decisions impacting development issues.

Mr. Morin will present several lectures throughout the day, including “Overview of Development and Land Use Law,” “Land Use Procedures and the Public Hearing,” “Ethical Considerations” and “Recent Trends and Municipal Government Perspectives.” Also on the faculty are Mary Elizabeth Warner, Esq., Real Estate Counsel for Quick Chek Corporation; Brian McMorrow, P.E. of Bohler Engineering, PC and Paul Grygiel, AICP, P.P., of Phillips Preiss Shapiro Associates, Inc.

The seminar will take place in the Holiday Inn Cherry Hill-Philadelphia in Cherry Hill, New Jersey from 8:30 a.m. to 4:30 p.m. NY and PA CLE credit is available.

For for information and to register for this event, please click here.