In preparation for adoption of the Regional Master Plan as required by the Highlands Act, the Highlands Council has listed a 42-page Scoping Document (that can be seen on their website), on which it is seeking comments. The following comments from PHILLIPSBURG RIVERVIEW ORGANIZATION (PRO), which are attached, have been submitted. Keys points are outlined here for easy access to the ideas submitted. Some specific comments about the Highlands Act itself have also been included.

SMART GROWTH

What is smart growth? without a car. Now, however, I've come to think of smart growth as growth done on land previously developed. Redeveloping land already developed, so that no new land is lost, could be more realistic than imagined. By looking in more crowded parts of the state we see even car dealerships can be in multilevel buildings. In Greenwich Township, Warren County, and other towns that have grown on three-acre-plus lots, it might mean putting new houses between houses on the existing three and four acre lots. "Smart growth" is the loss of no more of our first-rate farmland or loss of no more of our crucial habitat for our local fauna or flora.

FARMLAND

Our "first-rate soils," kept in agriculture, could become the key to our area's economic viability, as they allow "niche markets". Of even more importance, perhaps, is that, if predicted global transportation breakdowns come to pass, we may need this land to provide basic foods for the 15 (and growing) million people living within a few hours of New Jersey's remaining farmlands.

CRITICAL HABITAT

Roads, driveways, houses, lawns and such "improvements" in our forests are not harmless, for they all create edges or fragmentation. Edges in the forest habitat are where opportunistic animals such as raccoons and parasitic creatures such as cowbirds cause the nesting and breeding failure of our native species. Non-native introduced species such as cats (and to a lesser extent dogs) released in this natural setting are not "natural" or an example of "survival of the fittest" as some claim. Darwin developed this evolutionary concept to address intraspecies, not interspecies, competition. Little known is that several dozen species of warblers as well as many other bird species rely on these forest habitats for survival.

TRANSFER OF DEVELOPMENT RIGHTS

There has been particular concern expressed that towns may be forced to grow as receiving areas. That idea, however, has been dispelled as not being in the Highlands legislation. Yet, ironically, for all that worry and posturing, the towns are very busy planning for their own growth without any agency requiring it. Since this density is being created out of thin air, why not, then, take the density on the nearby NJDEP-designated "natural heritage priority sites" (Pohatcong Grasslands and Harmony Grasslands) and move it to the newly-zoned residential land in Phillipsburg and Lopatcong?

Switch the large proposed age-restricted development in Mansfield Township, adjacent to the wondrous Point Mountain Preserve in Lebanon Township, to the new Hackettstown or Washington Borough sites? Surely, we can find the way to get the density off and away from these special places by relocating them to the towns which have shown the desire and are taking the steps to grow.

Some specific concerns with the Notice of Rule Adoption with Amendments-Highlands Water Protection and Planning Act rules, N.J.A.C. 7:38, are as follows:

1. Call for "the restoration of degraded flows is as important to water quality as the maintenance of existing flows. The rules should address this by reducing existing diversions in degraded watersheds and prohibiting new diversions within these watersheds and preventing such conditions in currently intact watersheds.



2. We are concerned that nowhere in the Highlands Act or the proposed rules have "discharges from water supply facilities" been defined. Considering the broad range of discharges potentially excepted, including wastewater and process effluent, these terms must be explained.



3. The proposed rule states "The Department is proposing amendments to the waiver provisions under N.J.A.C. 7:38-6.4 to include construction of housing that is 100 percent affordable." The New Jersey Supreme Court Mount Laurel Decision promised that the environment not be sacrificed to achieve affordable housing goals. Will this promise of the court be recognized and honored by the water protection goals of the Highlands Act? The Highlands Council should note that townships will be responsible (according to COAH) for growth share obligations resulting from approvals for construction but not yet with a CO as of Jan, 2004.



4. Also troubling is the weakening of existing stormwater regulations for brownfield sites. We find that the proposed rules will actually result in a lower standard within the Highlands preservation area than is currently applied statewide.



5. The proposed rules contain a number of waivers and exemptions for "agricultural or horticultural use". Of special concern is that water diversions for these uses are not subject to any approval under these rules. We believe the Department and/or the Highlands Council should retain oversight on all substantial diversions of Highlands water.



6. There is an apparent need for professional accountability for the engineers who set up the stormwater flow designs for creeks, or design septics to be held accountable, in some way, for failure of flow assessment, infiltration rates, etc. that they provide.