Group accuses developers of sidestepping Highlands restrictions

BYRAM - Builders frustrated with tougher legislation that restricts development on environmentally sensitive land in Sussex County are finding an open invitation through the back doors of neighboring towns. According to the New Jersey Highlands Coalition, an environmental watchdog group, at least 5,223 residential units are in the early stages of development in towns that make up the “planning area” of the Highlands Act, which became law 2 ½ years ago to protect drinking water from northern New Jersey for more than 5.4 million people and help preserve the Garden State’s open space The legislation has lived up to its promise of immediately restricting development in the designated Highlands “preservation area,” but has actually accelerated the number of residential units planned for roughly half the region still not affected by the tougher regulations. “It’s basically the Wild West,” said Scott Olson of North Byram Concerned Citizens. “The ‘planning area’ has no rules or requirements.” Olson said “anything goes” in the planning area until the Regional Master Plan for the area is established by a December 2006 imposed deadline. While state officials grapple with issues such as deciding which building projects to include and which to exclude, additional critical areas in the Highlands may be lost to development, said Olson. “We know (the Regional Master Plan) is not going to get done as soon as possible,” said Olson. “The question is how do we stop all these projects from sneaking through?” Olson said even if the Highlands Council makes its December deadline, towns within the “planning area” will have 15-18 months to opt into the same rigorous standards adopted for the restricted areas. Meanwhile, the number of building permits issued throughout the 800,000-acre Highlands region keeps growing. In Byram, which is completely within the Highlands “preservation area,” only 146 units - including those designated for the Village Center -- have received exemptions from the state for development. On the other hand, neighboring Sparta, which is located primarily in the “planning area,” has 515 units either before the township’s planning board or still in the talking stages of development. Another 200 units are planned for Stanhope; 1,467 for Andover Township; 1,021 in Franklin, 752 in Hopatcong; 599 in Andover Borough; 212 in Hardyston; and 76 in Green. The proposed development does not include the hundreds of thousands of square feet of retail, office, and commercial space expected to piggyback on top of these projects. Olson attributes due diligence on the part of the Highlands Council for the delays in the master plan for the unrestricted region. “The master plan is probably the largest regional plan done in the country,” he said. “They (Highlands Council) underestimated the amount of work there would be. They are going to make sure there’s no excuse for using the best scientific base available.” In light of the delays and the increasing pressure from overdevelopment, environmentalists formed the New Jersey Highlands Coalition to work to preserve the Highlands region. The coalition hopes to expand and empower New Jersey interests among a four-state governing board that oversees the Highlands region. The coalition is under the direction of Julia Somers, the former executive director of the Great Swamp Watershed Association. “By hiring Julia, focusing on New Jersey issues and emphasizing grassroots involvement, the coalition is once again primed to address the pressures and challenges facing the Highlands,” said Olson.