Bill Text: NJ A3357 | 2024-2025 | Regular Session | Introduced
Bill Title: Modifies method of calculating impervious surface percentage for municipal parks in Highland preservation area.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2024-01-29 - Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee [A3357 Detail]
Download: New_Jersey-2024-A3357-Introduced.html
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Modifies method of calculating impervious surface percentage for municipal parks in Highland preservation area.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the development of municipal parks in the Highlands preservation area and amending P.L.2004, c.120.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 34 of P.L.2004, c.120 (C.13:20-32) is amended to read as follows:
34. The Department of Environmental Protection shall prepare rules and regulations establishing the environmental standards for the preservation area upon which the regional master plan adopted by the council and the Highlands permitting review program administered by the department pursuant to [this act] P.L.2004, c.120 (C.13:20-1 et al.) shall be based. These rules and regulations shall provide for at least the following:
a. a prohibition on major
Highlands development within 300 feet of any Highlands open waters, and the
establishment of a
300-foot buffer adjacent to all Highlands open waters; provided, however, that
this buffer shall not extend into the planning area. For the purposes of this
subsection, major Highlands development does not include linear development for
infrastructure, utilities, and the rights-of-way therefor, provided that there
is no other feasible alternative, as determined by the department, for the
linear development outside of the buffer. Structures or land uses in the
buffer existing on the date of enactment of [this
act] P.L.2004,
c.120 (C.13:20-1 et al.) may remain, provided that the area of disturbance
shall not be increased. This subsection shall not be construed to limit any
authority of the department to establish buffers of any size or any other
protections for category one waters designated by the department pursuant to
the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et
seq.), or any other law, or any rule or regulation adopted pursuant thereto,
for major Highlands development or for other development that does not qualify
as major Highlands development;
b. measures to ensure that existing water quality shall be maintained, restored, or enhanced, as required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) or the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), or any rule or regulation adopted pursuant thereto, in all Highlands open waters and waters of the Highlands, and to provide that any new or expanded point source discharge, except discharges from water supply facilities, shall not degrade existing water quality. In the case of water supply facilities, all reasonable measures shall be taken to eliminate or minimize water quality impacts;
c. notwithstanding the provisions of section 23 of P.L.1987, c.156 (C.13:9B-23), or any rule or regulation adopted pursuant thereto, to the contrary, the criteria for the type of activity or activities eligible for the use of a general permit for any portion of an activity located within a freshwater wetland or freshwater wetland transition area located in the preservation area, provided that these criteria are at least as protective as those provided in section 23 of P.L.1987, c.156 (C.13:9B-23);
d. notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any rule or regulation adopted pursuant thereto, to the contrary, a system for the regulation of any diversion of more than 50,000 gallons per day, and multiple diversions by the same or related entities for the same or related projects or developments of more than 50,000 gallons per day, of waters of the Highlands pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.), and any permit issued pursuant thereto shall be based on consideration of individual and cumulative impacts of multiple diversions, maintenance of stream base flows, minimization of depletive use, maintenance of existing water quality, and protection of ecological uses. Any new or increased diversion for nonpotable purposes that is more than 50[%] percent consumptive shall require an equivalent reduction in water demand within the same subdrainage area through such means as groundwater recharge of stormwater or reuse. Existing unused allocation or allocations used for nonpotable purposes may be revoked by the department where measures to the maximum extent practicable are not implemented to reduce demand. All new or increased diversions shall be required to implement water conservation measures to the maximum extent practicable;
e. a septic system density standard established at a level to prevent the degradation of water quality, or to require the restoration of water quality, and to protect ecological uses from individual, secondary, and cumulative impacts, in consideration of deep aquifer recharge available for dilution;
f. a zero net fill requirement for flood hazard areas pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.);
g. the antidegradation provisions of the surface water quality standards and the stormwater regulations applicable to category one waters to be applied to Highlands open waters;
h. a prohibition on impervious surfaces of greater than three percent of the land area, except that:
(1) Highlands open waters shall not be included in the calculation of that land area[, and] ;
(2) solar panels shall not be included in any calculation of impervious surface; and
(3) the total, summed area of each of the municipal parks in a municipality shall be considered a single lot, for the purposes of calculating the impervious surface percentage pursuant to this subsection;
i. notwithstanding the provisions of the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, a limitation or prohibition on the construction of new public water systems or the extension of existing public water systems to serve development in the preservation area, except in the case of a demonstrated need to protect public health and safety;
j. a prohibition on development, except linear development for infrastructure, utilities, and the rights-of-way therefor, provided that no other feasible alternative, as determined by the department, exists for the linear development, on steep slopes in the preservation area with a grade of 20[%] percent or greater, and standards for development on slopes in the preservation area exhibiting a grade of between 10[%] percent and 20[%] percent. The standards shall assure that developments on slopes exhibiting a grade of between 10[%] percent and 20[%] percent preserve and protect steep slopes from the negative consequences of development on the site and the cumulative impact in the Highlands Region. The standards shall be developed to prevent soil erosion and sedimentation, protect water quality, prevent stormwater runoff, protect threatened and endangered animal and plant species sites and designated habitats, provide for minimal practicable degradation of unique or irreplaceable land types, historical or archeological areas, and existing scenic attributes at the site and within the surrounding area, protect upland forest, and restrict impervious surface; and shall take into consideration differing soil types, soil erodability, topography, hydrology, geology, and vegetation types; and
k. a prohibition on development that disturbs upland forested areas, in order to prevent soil erosion and sedimentation, protect water quality, prevent stormwater runoff, and protect threatened and endangered animal and plant species sites and designated habitats; and standards to protect upland forested areas that require all appropriate measures be taken to avoid impacts or disturbance to upland forested areas, and where avoidance is not possible that all appropriate measures have been taken to minimize and mitigate impacts to upland forested areas and to prevent soil erosion and sedimentation, protect water quality, prevent stormwater runoff, and protect threatened and endangered animal and plant species sites and designated habitats.
(cf: P.L.2010, c.4, s.7)
2. This act shall take effect
immediately.
STATEMENT
This bill would allow municipalities to use the total, summed area of each of their municipal parks as a single lot, for the purposes of complying with the impervious surface restrictions of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et seq.). Current law prohibits placing impervious surfaces on more than three percent of any lot in the Highlands preservation area. Under this bill, a municipality would be permitted to place impervious surfaces on greater than three percent of one municipal park, provided that the total area of impervious surface in all of the municipal parks in that municipality does not exceed three percent of the total area of the parks.
