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Rules in favor of plan in four separate decisions
BY TOM HESTER SR.
NEWJERSEYNEWSROOM.COM
A state appeals court on Monday handed down decisions in four separate cases that uphold the validity of the state’s controversial Highlands Regional Master Plan and Highlands Act in its efforts to protect the area’s natural resources and water supply.
The court held that the plan is the guiding planning document for the Highlands and for issues such as like affordable housing, transfer of development rights, and local planning. The court also ruled that the plan also is the tool to guide development and protection of natural resources in the Highlands.
“These decisions as a package not only affirm the Highlands Regional Master Plan as the planning tool for the region, but this is a great victory for the Highlands and the protection of our water supplies,” New Jersey Sierra Club Director Jeff Tittel said. “This decision comes at a critical moment when Governor Christie is trying to attack and weaken Highlands protections. These rulings today uphold the Highlands Plan and should say to the Christie administration ‘Hands off the Highlands! Protect our water supply.’”
In a court action brought against the council, Gov. Chris Christie and the state Council on Affordable Housing by the Cherry Hill-based Fair Share Housing Center, the court affirmed the right of the Highlands Council to develop a master plan for the Highlands region and that its goals are broader than how it affects affordable housing. The court held that the council must also look at water supply, regional planning, and resource capacities in its plan.
“This is an important decision because it demonstrates that the Highlands Plan is a broad document that assesses science and natural resource protections for the people of New Jersey and is not narrowly focused on just one issue like affordable housing,” Tittel said. .A second action brought was brought against the J.S. Group and Wanaque Realty. It challenged the Highlands transfer development rights program as not being broad enough. The court ruled that the Highlands Act gives the council broad powers to conduct a transfer development rights program that can be different than the state’s program and that the Highlands program is fair to property owners. The decision also upheld the master plan.
“This case is critical because it shows the Highlands are a special region and can be planned for differently than the rest of the state when it comes to issues like transfer of development rights,” Tittel said.
In a third action, Toll Brothers, a developer, challenged the Highlands Water Protection and Planning Council and Christie over the master plan.
Toll Brothers argued the plan because it categorizes a property owned by the developer in Pohatcong as a conservation zone within an environmentally sensitive area. The property is also split with some lying in the planning and other portions in the preservation area. Toll Brothers argued the mapping was arbitrary and capricious. The court upheld the plan as constitutional and decided it did not violate Toll Brothers’ rights. Toll Brothers was told it could challenge the Pohatcong’s zoning after the township adopts zoning in conformance with the Highlands master plan.
The court’s final decision involved Bocina versus the Water Protection and Planning Council. The company also challenged the master plan and again the court upheld its constitutionality.
“This is a great victory for the environment over developers,” Tittel said. “It upholds the constitutionality of the regional plan and the designations for conservation within that plan. These decisions go a long way in supporting the Highlands Plan and protecting our natural resources from threats by special interests. The courts have upheld the Highlands Regional Master Plan, now Governor Christie must stand up for the people of New Jersey and stop his attacks and weakenings of the Highlands protections.”
