In This Issue

Municipal Regulatory Powers in Category One Stream ... - ANJEC



In This Issue:

2 Toward a Sustainable Future

3 The Highlands and Municipalities

5 Book Reviews

6 Affordable Housing Rules

8 Sustainability, Walk and Bike Trails

10 Imperiled Species and

New Jersey’s Landscape Project

11 Acting Locally

12 Saving Petty’s Island

13 Spring Cleaning Tips

14 Fighting Light Pollution

15 Smart Growth Updates

16 Make a Big Impression at Events

16 Environmental Achievement Awards

17 Two Key Environmentalists

Director’s Report

Toward a Sustainable Future

An Earth Day poll by Monmouth University/Gannett

New Jersey found that 77 percent of NJ residents say their

own actions have an impact on the environment. And a

majority of those residents say that they act on their

beliefs, by conserving energy and recycling. New Jersey

residents seem to be realizing that we will need to make

changes in the way we live and work if we are to preserve

our world and its resources for future generations.

It has often been said that the United States, with 5

percent of the world’s population, consumes a third or

more of the Earth’s resources. Finally we are understanding

that we cannot continue with “business as usual” and still

have a viable environment by the next century. Whether it

was Al Gore’s movie An Inconvenient Truth that woke us

up to the threats of global warming, or cumulative information

about our patterns of over-consumption, we seem

to have come to the realization that we cannot continue to

consume resources at the rate we have in past generations.

We must move toward sustainability which meets present

needs without compromising the ability of future generations

to meet their needs.

Over time we will discover the methods of best achieving

sustainability. Audits of our energy and materials

consumption will point out areas of greatest waste and where

changes can have the most significant impacts. Our initial

changes in life style or product use will have dramatic effect,

but as we incorporate them into the way we live our lives

their impact will level off and we will need to find other

ways to achieve incremental improvements. We will need

technological innovations as well as life style changes to

meet long-term goals for green house gas reduction,

materials and natural resources conservation.

Environmental commissions can provide leadership to

their municipal governments and residents to help their

communities become sustainable. They can help local

officials to make choices for a sustainable future - through

their policy goals, enforcement, purchasing and operating

decisions. For example, when a town sets a policy with the

goal of reducing the emissions from vehicles within the

municipality, elements might include

● Enforcement by passing an anti-idling ordinance;

Purchasing new low emission vehicles; and

Operations to perform an energy audit and act on

its findings.

Commissions can point out the rewards of implementing

these decisions, help compile the information necessary to

make changes and find sources of grant funds and rebates

to support them.

Cover: India Brook, Mendham Township (Morris) Photo by

Brian Boden, Mendham Township Environmental


In addition, environmental commissions can play key

roles in moving sustainability forward by

● Pointing out to municipal officials and residents

the cost savings and rewards of implementing

energy efficiency measures;

● Helping compile the information necessary

to find sources of grant funds and rebates to

make changes.

Informing residents of the importance and

impacts of the many steps people can take; and

● Organizing sustainable activities, like walking

to school, cleanups, earth fairs and storm

drain stenciling.

ANJEC is committed to supporting environmental

commissions in this role. Our annual conference – the

Environmental Congress – to be held this year on Friday,

October 12, will be devoted to offering practical suggestions

and model programs for commissioners to help their

towns become sustainable communities. We hope you will

share your success stories so we can pass them on to other

environmental commissions.


Sandy Batty

Executive Director

Library Subscription $18.00

ISSN 1538-0742

Vol. 27 / No. 2 SPRING 2007

566 MUNICIPALITIES ............................. ONE ENVIRONMENT

Executive Director ................................................................. Sandy Batty

Editor ........................................................................................ Sally Dudley

Advertising Coordinator ...................................................... Alison Deeb

The Association of New Jersey Environmental Commissions is a private,

non-profit educational organization serving environmental commission and

open space committee members, concerned individuals, non-profits, and

local officials. ANJEC’s programs aim to promote the public interest in

natural resource preservation, sustainable development and reclamation

and support environmental commissions and open space committees

working with citizens and other non-profit organizations.

The REPORT welcomes articles and photographs but is not responsible for

loss or damage. Opinions expressed by guest authors do not necessarily

reflect ANJEC policy. Articles may be reprinted with permission and credit.

Please address correspondence to ANJEC REPORT, PO Box 157,

Mendham, NJ 07945; tel: 973-539-7547; toll-free number for members:

888-55ANJEC (888-552-6532); fax: 973-539-7713. E-mail

Web site:

2 ANJEC REPORT - Spring 2007

The Highlands and


By David Peifer, ANJEC Highlands Project Director


Local Perspectives

The New Jersey legislature’s August

2004 Highlands Water Protection and

Planning Act (PL 2004, C120) fundamentally

changed the regulatory

framework for planning and land use

in a specific northern New Jersey area.

The Act sets Preservation Area and the

Planning Area boundaries, covering all

or portions of 88 municipalities in

seven counties.

The legislature’s specific findings

indicate an overall planning change

approach and the intent to protect the

Highlands’ important natural resources,

with a particular focus on

drinking water sources. Among the

legislation’s most telling statements:

● “...the existing land use and environmental

regulation system cannot

protect the water and natural

resources of the New Jersey Highlands

against the environmental

impacts of sprawl development;”


[the protection of essential water

supplies] .... “cannot be left to

the uncoordinated land use decisions

of 88 municipalities, seven

counties and a myriad of private


It is important to remember that the

New Jersey State Constitution assigned

land use authority to the legislature,

which then delegated the “local land

use control system” to local governments

through the Municipal Land

Use Law.

The Highlands Act sets specific new

conditions and controls on municipalities’

actions. Since their land use

decision-making will no longer

exclusively govern natural resource

protection in the Highlands, local

governments will play an essential but

different role in protecting natural

resources. Municipalities will need to


Clyde Potts Reservoir, Mendham Township (Morris)

consider both the effects of development

within their borders, and regional


The Act also created the Highlands

Council and charged it with creating

the Regional Master Plan (RMP) by

June 2006 to guide development

throughout the Highlands area. In

reality, the final RMP will not be

available until fall 2007 at the earliest.

Importantly, the Act also mandated

the adoption of special Preservation

Area rules governing land use (from the

Department of Environmental Protection)

and agricultural development

(from the Department of Agriculture).

Adopted in 2006, these rules are

currently in effect. Municipalities

should be familiar with these rules,

particularly the “Exemptions.” (Complete

text available at www.highlands.

Once the Council adopts the final

RMP, municipalities wholly or partially

within the Preservation Area must

conform their master plans and

development ordinances to the RMP

within nine to fifteen months. Those

communities wholly within the Planning

Area may conform voluntarily.

This is often referred to as “opting-in.”

Funding and Benefits

The Highlands Act and the Highlands

Council offer important municipal

benefits and incentives to the Preservation

Area and to those Planning Area

municipalities that choose to “opt in.”

Additional benefits are available to

municipalities that create voluntary

transfer of development rights (TDR)

receiving zones to accept higher

development levels transferred from

Preservation Area sending zones.

Legal and Institutional Benefits

Legal Shield and Representation:

Municipalities often face litigation

resulting from land use decisions

unfavorable to applicants. A municipality

that conforms its master plan,

development ordinances and decisions

to the RMP receives a “strong

presumption of validity,” one of the

State’s strongest available levels of

legal protection. The Act also provides

ANJEC REPORT - Spring 2007 3


for direct State legal representation

on behalf of the municipality.

Council on Affordable Housing

(COAH) Obligations: The Highlands

Act provides that COAH must

consider the RMP prior to making

third-round determinations for all 88

Highlands municipalities. The State

protects existing COAH certification

agreements with towns. COAH and

the Highlands Council have agreed

to work together to examine projects

impacted by the Act’s Preservation

Area standards.

Note: The Department of Community Affairs

is appealing a recent court decision that

overturned portions of the current COAH rules.

What impact this litigation will have on

the Highlands affordable housing process

remains unclear.

Regional Master Plan Enforcement:

The Highlands Act authorizes the

Highlands Council to take enforcement

actions for any RMP violation

within Preservation and Planning

Area municipalities that have

conformed with the plan.

Stricter Land Use Provisions: The

requirements of the Highlands Act

and the RMP are considered to be

minimums. Conforming municipalities

are free to adopt more stringent

master plans and development

regulations than those required.

State Plan Endorsement: After the

Council adopts the final RMP, the

State Planning Commission will

endorse the plan. Municipal master

plans and development regulations

approved by the Council will be

deemed equivalent to having those

plans endorsed by the Commission.

Model Land Use Ordinances and

Technical Guidance: During the

conformance process, the Council

will provide technical assistance to

municipalities in environmental

science, planning and Geographic

Information System (GIS) services as

well as model ordinances.

Financial Incentives

Bringing municipal master plans and

development ordinances into conformance

with the RMP will entail costs.

The Highlands Council is providing

several helpful elements to assist towns.

● Highlands Council Planning

Grants, Smart Growth Grants and

Technical Aid: The Highlands Act

authorizes the Council to provide

grants for “reasonable expenses”

Sparta Mountain

associated with preparing conforming

master plans and land use

ordinances, and provides automatic

qualification for State aid as well

as possible planning and technical

assistance for Smart Growth

projects offered by the Office of

Smart Growth.

Tax Stabilization Funding: If your

municipality can demonstrate a

decline in vacant land aggregate true

value due to the Highlands Act, it

may be eligible for tax stabilization

funding administered by the Tax

Stabilization Board established by

the Highlands Act.

Transfer of Development Rights

(TDR), Impact Fees and Enhanced

Planning Grants: Municipalities that

explore establishing a TDR receiving

zone, will be eligible for an “enhanced

planning grant” up to

$250,000 to reimburse costs incurred

in amending local ordinances.

Municipalities that establish TDR

receiving zones will also qualify to

collect “impact fees” up to $15,000

per unit and receive priority for

available infrastructure funding.

Priority for Green Acres and

Farmland Preservation Funding:

The protection of open space

through fee acquisition, the purchase

of conservation easements or

farmland development rights is

popular at the municipal level.

Preservation Area municipalities and

conforming municipalities in the


Planning Area that have adopted

TDR ordinances will receive priority

for funding from Green Acres and

the farmland preservation program.

The Conformance Process:

What Municipalities Need to Know

The conformance period will follow

the adoption of the final version of the

Regional Master Plan, now expected in

the fall of 2007. The Council will

prepare a Conformance Schedule,

outlining the expected order for

municipalities to begin examining

their planning and zoning policies to

adjust to the RMP requirements.

Successful RMP implementation will

depend on the active participation of

the Highlands region’s 88 municipalities

and seven counties during the

Conformance Process. The Highlands

Council will ask municipalities and

counties to bring their master plans,

development regulations and other

planning and management policies

into agreement with the RMP. The

mutual exchange of information

between the Council, Highlands

municipalities and counties will be

beneficial to all.

Plan conformance is mandatory

within the Preservation Area. This

includes the entire area of five municipalities

in Hunterdon and Passaic

counties and partial portions of 47

municipalities in, Hunterdon, Morris,

Passaic, Somerset, Sussex and Warren

counties. Conformance is voluntary for

36 municipalities in Hunterdon,

Morris, Passaic, Somerset, Sussex and

Warren counties wholly within the

Planning Area (


Municipalities need to understand

the conformance process. The Highlands

Council has outlined the needed

process in the

● Draft RMP’s Implementation

Framework section; and the

Highlands Technical Paper, Draft

Plan Conformance Guidelines,

January 2007.

Both documents are available on the

Highlands Council web site

( In addition,

ANJEC’s municipal guidance

document, Highlands Regional

Master Plan: Conformance Steps


outlines the process and offers advice.

4 ANJEC REPORT - Spring 2007

Preservation Area municipalities and

opted-in Planning Area municipalities

will be required to re-evaluate their

master plans and development ordinances

in light of the RMP in the

following wide areas of concern:

● Circulation;

● Utility service;

● Recreation and open space;

● Farmland preservation;

● Historic and cultural resources;

● Economic development;

● Wastewater management;

● Water management;

Allowable septic densities;

Protection of

✔ Groundwater recharge,

✔ Wellheads,

✔ Open waters,

✔ Stream corridors,

✔ Wetlands,

✔ Steep slopes,

✔ Forests, and

✔ Wildlife habitat;

Stormwater management; and

Air quality.

For Additional Information

● David Peifer ANJEC Highlands

Project Director, (973) 539-7547, ex.

12 or

● ANJEC documents and positions,


● Highlands Council for legislation,

maps, rules, permits, draft Regional

Master Plan, technical reports, GIS

data, property research reports and

land use capability maps,

A “Habitat” for

Unneeded Building Supplies

Habitat for Humanity has opened a chain

of ReStores, retail stores that accept new

or gently-used building supplies and

furniture for resale. Currently, there are

four ReStores in New Jersey. To see if

one is near you, visit:

Porous Pavements

By Bruce K. Ferguson, with contributors

GA Coyle, RB Sawhill and K Sorvig,

CRC Press, Boca Raton, FL, 2005.

Review by Peter Craig,

ANJEC Resource Center Volunteer

Hardened surfaces such as roadways,

driveways, walkways and patios are

essential for a civilized society. Although

conveniently walkable or

driveable in all kinds of weather they

also shed rainwater, a potentially

serious environmental problem.

Destructive rates of stormwater runoff

and reduced groundwater recharge are

only two of many possible adverse

consequences. Thus, control of the

relative quantity of “impervious

surface” is a central focus of New

Jersey’s stormwater rules, as well as

New Jersey Department of Environmental

Protection regulations for the

Highlands Preservation area.

Because state and local regulations

simply limit the amount of impervious

area, few of us have thought much

about enhancing the porosity of our

driveways and walkways. There are a

surprising number of useful approaches

to this means minimizing the adverse

effects of hardened surfaces. Ferguson’s

Porous Pavements offers an effective

catalog of the possibilities. Although

written primarily for engineers and

architects, this book provides a readily

understandable text illustrated by

photographs and diagrams, and is

extensively documented with

reference citations. There are

detailed discussions of such

issues as the

● Whys and wherefores

of porous pavements;


Hydrology of pervious



Specific technical information on

asphalt, concrete, turf, geocells,

paving blocks, decks and elevated


The author’s preface defines the

scope and intent of this useful work.

Opining that porous pavements may be

the most important development for

the urban watershed since the invention

of the automobile, Ferguson points

out they “...can allow the oils from cars

and trucks to biodegrade safely, the

rainwater to infiltrate the soil, the heat

of the sun to dissipate, the groundwater

to be replenished, the roots of trees to

breathe, and the streams to flow in dry

summers.” Those are functions that

merit our careful attention.

Last Child in the Woods –

Saving Our Children from

Nature-Deficit Disorder

By Richard Louv, Algonquin Books of

Chapel Hill, 2006.

Review by Kerry Miller,

ANJEC Assistant Director

Richard Louv is worried...very

worried. He sees a society in which

children spend much less time freely

experiencing the great outdoors, and

he fears the planet will eventually pay

the price as those children grow into


ANJEC REPORT - Spring 2007 5

adults who do not relate to nature on a

visceral level. Because they won’t

understand nature, and may even fear

it, they will be unwilling or unable to

protect it.

Louv makes his case for why children

need a return to the kind of opportunities

he had in his youth to explore, take

risks and build tree houses, in order to

develop an intimate connection with

the natural world. He laments contemporary

forces – fear of litigation

and strangers, over-scheduled lives,

and even environmental regulation –

that preclude “free range play” for

today’s children.

Louv believes a lack of interaction

with nature also has negative impacts

on each individual’s personal wellbeing.

He cites evidence that exposure

to nature can reduce symptoms of

ADHD (Attention Deficit Hyperactivity

Disorder), improve cognitive performance

and boost resistance to stress. He

presents theories from the likes of E.O.

Wilson, who believes we have a

biological “need to affiliate with other

forms of life [nature].” As former hunters

and gatherers, we are programmed to

use the environment to recover our wits

and recharge. The lack thereof can leave

us feeling isolated and anxious, with

“atrophy of the senses.”

Louv presses for research into the

effects of human interaction with green

spaces, to support changes in community

design to provide more green

views and other daily interaction with

things natural. He advocates a sea

change in education, back toward

students exploring flora and fauna in

the out-of-doors with naturalist

teachers, and away from “environmentally

correct” micro-oriented and

theoretical natural systems studies.

Whether or not you accept the

book’s unsettling premise, it’s hard to

argue that humans and society would

not benefit from more unstructured

“green time.”

Garden State Greenways

Connect People with Outdoor Places –

Protect New Jersey’s Wildlife & Water

County maps at

Presentations to environmental

commissions available from

New Jersey Conservation Foundation

(908) 234-1225


Housing Rules

On January 25 a

New Jersey Appellate Division

Court panel ruled that

the Council on Affordable

Housing’s (COAH) regulations

were unconstitutional,

and ordered COAH to produce

new rules in six months.

The Court found that the rules

“discriminate[d] against...

children,” that COAH’s use of

data “defies comprehension,”

and that its findings contradict

those of its parent

agency, the Department of

Community Affairs.

At the same time, the Court reiterated

the environmental protection and

sound planning precepts of the Mount

Laurel doctrine (see below), specifically

referencing to areas “for conservation”

(State Planning Areas 4 and 5) and

where development opportunities are

extremely limited (the Highlands and

the Pinelands). The decision also

identified a need for a strong State

planning process.

It is important to note that the Court

stayed the filing of any builder’s

remedy actions against any municipality

whose application for substantive

certification is affected by the decision.

At the same time, municipalities that are

not before COAH remain, as they were

before, vulnerable to builder’s remedy

litigation. The decision does not

preclude any municipality from taking

steps to address its affordable housing

obligations, and municipalities should

be encouraged to do so (see What Can

Commissions Do? on page 7).


Created in 1985 by the Fair Housing

Act (FHA), the Council on Affordable

Housing was the legislature’s response

By Paul Chrystie, Executive Director,

Coalition for Affordable Housing

and the Environment


to the New Jersey Supreme Court’s

landmark Mount Laurel decision ruling

that municipalities could not use

zoning to exclude low- and moderateincome

families. Without any municipal

or legislative action for eight years

after the first decision in 1975, the

second Mount Laurel Court decision in

1983 began to spell out a method of

implementing the doctrine. Under

FHA, COAH’s responsibility was to

estimate affordable housing needs and

outline how municipalities could

comply with their constitutional

obligation to provide realistic opportunities

for it. COAH adopted rules in

1987 and 1994, cumulatively covering

1987 to 1999.

Although the second round rules

expired in 1999, COAH did not adopt

third round rules until December 2004.

Shortly thereafter both non-profit and

for-profit organizations – including the

Coalition – challenged this round of

rules, which led to the January 2007

court decision, the third time a court

addressed COAH’s third round rules.

Twice in 2004, judges rebuked COAH

for its secrecy and delays, in one

instance ordering COAH to pay the

6 ANJEC REPORT - Spring 2007

legal fees of a non-profit from whom

COAH had inappropriately withheld

public data.

That a court took the unusual step of

throwing out COAH’s administrative

rules and ordering COAH to revise

them and indicates how far COAH had

strayed from its statutory responsibilities.

Courts generally allow administrative

agencies such as COAH significant

deference in the implementation of

their statutory authority.

What Can Commissions Do?

It is important to remember that a

municipality's affordable housing

obligation is connected to the

Constitution, not to a COAH rule.

Accordingly, the obligation, and the

responsibility to address it, remains

in effect even as COAH drafts new

rules. Commissions and other local

advocates should urge their planning

boards and municipal councils

to develop and implement plans to

meet their Mount Laurel obligations.

In addition, the Court's opinion

suggests that the revised rules will

likely have higher fair share obligations,

and so commissions should

encourage their municipalities to

begin to plan now to address those


For municipalities currently in or

seeking to join the COAH process,

COAH is continuing to take many of


Environmental Protection,

Sound Planning and

Affordable Housing


Providing affordable housing

opportunities is a key piece of any

smart growth strategy designed to

protect the environment. Indeed, Smart

Growth America (SGA) has identified

the inability to find affordable housing

close to jobs centers as a driver of

sprawl. SGA notes that the real estate

agent phrase “Drive ’til you qualify”

references families needing to search

further and further into the exurbs to

find housing they can afford.

The Mount Laurel doctrine recognizes

the connection between environmental

protection, sound planning and

affordable housing opportunities. A

template for implementing the doctrine,

the 1983 Mount Laurel II decision

contains dozens of references to

environmental protection and sound

planning. It

● Overturned a lower court decision

invalidating five-acre zoning;

● Cited environmental reasons as a

rationale for denying builder’s

remedy requests; and

Denied a specific request for a

builder’s remedy on environmental


While many municipalities have

chosen to use inclusionary zoning –

incorporating affordable units into a

development of largely market-rate

housing – others have chosen a path

with lesser environmental impacts.

Municipalities as diverse as Salem

(Salem), Delanco (Burlington),

Plainsboro (Middlesex) and Harding

(Morris) have addressed their affordable

housing obligations with limited or no

accompanying market-rate housing.

Why the Coalition for

Affordable Housing and the

Environment (CAHE)

Opposed the Rules

CAHE, which includes ANJEC as well

as the State’s other leading environmental

organizations, strongly opposed

the rules since they were first unveiled

in 2003 because they were not good for

the steps it would take if the rules

were in effect, such as accepting

petitions, reviewing fair share plans,

providing feedback to municipalities,

and conducting mediation. Moreover,

the Fair Housing Act and prior

COAH rules give significant guidance

on how a municipality can provide

affordable housing opportunities that

address the constitutional obligation.

Municipalities can take steps that

will result in housing that will almost

certainly receive COAH credit under

the rewritten rules, offer protection

from builder's remedy litigation and,

most importantly, provide affordable

housing in an environmentallyappropriate

context. Commissions

can and should be active participants

in that process and should, if the

municipality is not moving in that

direction, encourage them to do so.

either the environment or New Jersey.

Bad for the environment because

they encouraged poor planning, the

rules determined municipal affordable

housing obligations based in part on

non-residential development, and

applied jobs-to-housing ratios that

enabled towns to minimize their

affordable housing obligations by

attracting environmentally-destructive

development such as warehouses. The

rules also ensured that the most

environmentally-appropriate growth –

redevelopment – would produce little

or no affordable housing at all. Instead

of encouraging compact, mixed-use,

mixed-income development supported

by smart growth advocates, these rules

promoted development that is the

antithesis of smart growth. Moreover,

by largely separating job creation from

affordable housing, the rules would

have exacerbated long commutes that

produce the greenhouse gasses that

contribute to global warming.

Because participation in the COAH

process is voluntary under the Fair

Housing Act, the threat of litigation –

which is by far the worst way to

implement Mount Laurel – remains the

primary enforcement mechanism.

COAH’s third round rules violated the

State’s Constitution and therefore were

likely to produce significant litigation

and more builder’s remedy developments.

The success of the rule challenges

has born out the appellants’

concerns about their constitutionality

and potential impacts.

As the Court states, the rules “frustrate,

rather than further...affordable

housing.” New Jersey needs affordable

housing to maintain its economic

competitiveness and to enhance its

social fabric. Businesses cannot survive

without clerical support, maintenance

personnel and middle managers,

positions that do not pay enough to

enable these workers to live in most

New Jersey municipalities.

Communities also suffer when they

don’t have enough affordable housing,

since it contributes to long commutes

that make it difficult for working

people to coach Little League, volunteer

on fire departments or staff local

committees. New Jersey’s communities

are also better off when their teachers,

police officers, municipal workers and

the young people who grew up in them

can afford to live in them.

ANJEC REPORT - Spring 2007 7

There is no question that New Jersey

desperately needs more affordable

housing. The question is how to

provide it in a well-planned and

environmentally-appropriate fashion.

The overturned COAH rules failed on

all counts.

What’s Next?

As per the Court’s order, COAH is

rewriting the third round rules,

although it’s clear it will not meet the

July 25, 2007 deadline. In addition, a

COAH Request for Proposal (RFP)

suggests that it may not be seeking to

fix the most egregious portions of the

rule, but rather is looking to find new

ways to justify them. CAHE, along with

other environmental, smart growth and

affordable housing advocates, will

continue to monitor COAH’s actions

and weigh in where appropriate.

For Additional Information

● ANJEC Resource Center, 973-539-


● Coalition for Affordable Housing and

the Environment (CAHE), 609-278-


● New Jersey Council on Affordable

Housing (COAH), 609-292-3000,

is proud to be a member

of Earth Share of New Jersey

Talk to us about how you can include

Earth Share of New Jersey and ANJEC

as a giving option in your workplace.


ANJEC’s Smart Growth

Planning Grant Accomplishments

Sustainability and

Walk and Bike


By Kerry Miller, ANJEC Assistant Director

Over the past century, New

Jersey’s land use planning was unabashedly

automobile-centered. The

negative impacts of that trend – traffic

gridlock, pedestrian and cyclist fatalities,

the health effects of a sedentary

lifestyle, and diminished neighborhood

interaction – are motivating

today’s communities to revisit their

circulation networks to see how they

might restore “walkability” and

“bikeability” to the mix of transportation

options. A circulation network that

allows residents to move about the

community safely and efficiently

without a car, whether by desire or by

necessity, is a primary indicator of a

sustainable community.

Three New Jersey municipalities

have used ANJEC Smart Growth

Planning Grants to develop town-wide

plans for “two-legged” transportation.

In Raritan Township (Hunterdon), the

plan focused on retrofitting an established

rural-suburban community with

safe pedestrian and bicycle facilities

and connections. In Woolwich Township

(Gloucester), which is creating an

entirely new high-density town center

(New Town), the timing was right to

plan a comprehensive bike and

pedestrian network from the ground

up. The goal in Livingston Township

(Essex), a fully-developed older suburb,

was to provide a connected town-wide

trails system.


Raritan Township (Hunterdon)

Bicycle/Pedestrian Plan

The Raritan Township Environmental

Commission conceived the notion of a

bicycle/pedestrian (bike/ped) plan that


● Encourage more children to walk to


● Help residents safely cross major

highways to get to downtown

Flemington, shops and restaurants;

● Enhance recreational walking

opportunities; and

Provide more and safer bike lanes

and facilities for cyclists.

The commission selected a transportation

consultant, RBA Group, Inc., and

assembled a broad-based project

advisory team that included residents,

local transportation and open space

groups, businesses, and representatives

from the police department, school

district, and township planning and

engineering departments.

RBA and the advisory team obtained

initial community input through 115

responses to a bike/ped survey distributed

to residents in the township

newsletter. They also hosted a public

workshop where residents studied and

marked large town maps up to show

potential new walking connections,

areas that would benefit from sidewalk

installation, gaps in bike lanes, problem

highway crossings and made many

other comments and suggestions.

8 ANJEC REPORT - Spring 2007

The result of this process was the

Non-Motorized Transportation Network

Study and Plan for the Raritan Township.

The document contains 55 pages

of maps, photos, charts and narrative

proposing a myriad of engineering,

education, enforcement and “encouragement”

strategies that will reduce

hazards and create and enhance a

town-wide bicycle and pedestrian

network. Some of the significant ideas

are as simple as re-stripping road

shoulders, bike lanes and crosswalks.

Others, such as creating residential

traffic roundabouts or median “refuge

islands” will require structural alterations.

Still others, for example linking

cul-de-sacs or condo development

roads, or creating multi-use trails along

a freight rail corridor, will require the

cooperation of multiple entities, and

are long-term goals.

Ben Witherell, Raritan Township

Environmental Commissioner said,

“We are very pleased with this study

and plan for non-motorized transportation

that resulted from the diligence of

the advisory committee and RBA

Group. The Plan provides a long-term

vision for a healthier exurban community

in Raritan Township while

simultaneously providing concrete,

achievable short-term solutions.”

Copies of the report can be viewed at

the Township Clerks’ Office and

obtained on a CD-ROM from the

environmental commission.

The team and RBA presented the Plan

to the township committee in February.

The Planning Board will consider it for

adoption into the municipal master

plan later in 2007. In addition to the

obvious benefits for walkers and cyclers

to the community, a comprehensive

municipal bike/ped plan will enhance

the township’s position when vying for

state and federal grants for transportation

improvements. The plan also

includes a section on funding sources

for different types of projects.

Woolwich Township

(Gloucester) Green Links

Woolwich Township’s bike/pedestrian

plans are incorporated into its

Public Spaces Plan, developed by a

steering committee of elected and

appointed officials, including representatives

of the environmental commission,

working with planning consultants

from Melvin/Kernan Engineering.

The Public Spaces Plan compliments

numerous large-scale planning documents

currently in development by

Woolwich Township in response to

tremendous development pressure and

a large affordable housing lawsuit

settlement. The township has opted to

pursue a transfer of development rights

program (TDR) that will preserve highquality

agricultural lands by creating

receiving zones, including an entirely

new downtown area, to accept higher

density growth.

The Public Spaces Plan contains a

conceptual links map showing how

various large nodes (existing and future

developments, centers, facilities)

within the town and adjacent to it need

to be connected. The central theme of

the Plan is the provision of direct, safe

and visible routes between travel

destinations to entice people, including

the 20 percent of resident workers who

are employed locally, to walk or bike. It

proposes an extensive network of

various types and levels of “green

links,” roadways lined with trees and

framed by multi-purpose paths and

bicycle lanes.

On all the township’s “green link”

roads, a ten-foot-wide planting strip

with a continuous row of trees between

the road and multi-purpose paths is

designed to create a sense of pedestrian

scale and safety that will encourage

bicycle and pedestrian use. Wide or

high-speed roads will have bulb-outs at

intersections to shorten crossing

distances and encourage vehicles to

slow down.


All new high-density areas will be

built in a grid network, which disperses

both motorized and non-motorized

traffic by offering multiple ways to get

to any point within the grid, and allows

pedestrians to select the most direct

route to their destination. The Plan also

features many public spaces, located

such that every residential unit will be

no more than a short walk from a

neighborhood park or plaza. In the

one-square-mile area of New Town,

there will be 89 acres of open space

and 20 parks. Though not directly a

part of the pedestrian network, parks

and aesthetically pleasing spaces

throughout New Town will most

certainly create an atmosphere conducive

to walking and biking.

Livingston Township (Essex)

Trails and Greenways

A fully-developed suburban municipality,

although densely residential,

Livingston Township also is generously

endowed with county and municipal

parks, watershed lands and greenways

that run along the Passaic River at the

town’s western border. The environmental

commission had observed that

many residents were unaware of

Livingston’s open space and recreation

resources, and in 2005, developed a

brochure called Livingston’s Outdoor

Treasures. The commission saw an

opportunity to identify a network of

trails that would link these resources,

giving residents increased access to

recreation opportunities and, in the

process, creating a stronger sense of

community and increasing community


According to Mayor Stephen A.

Santola, “Over the past six years

Livingston has been committed to

preserving and enhancing our remaining

open space. Connecting these

beautiful places with safe, wellconceived

trails and greenways enhances

our open space plan and

encourages our residents to leave the

car in the driveway and walk or bike to

their local destination.”

The township contracted with Morris

Land Conservancy (MLC), a non-profit

land trust that develops open space

plans for towns and counties, to create

the trails plan for Livingston. A project

committee made up of the environmental

commission, open space


ANJEC REPORT - Spring 2007 9

committee and other town and business

representatives collaborated

closely with MLC. The project committee

was committed to getting as much

input from the community as possible,

to insure that the final trails plan

would meet the needs of all kinds of

users. They did extensive outreach

through well-publicized information

sessions, displays at community

events, an online survey and many

newspaper articles.

From the start, a goal of the project

was to explore opportunities for

connecting Livingston’s trails network

with regional trails and other resources

outside municipal borders. The project

committee hosted two meetings with

representatives from neighboring

towns, New Jersey Green Acres Program,

Morris County Parks, local

watershed and conservancy nonprofits,

and a local scout troop. The meetings

generated enthusiastic discussion and

many recommendations, which the

committee posted on Livingston’s

website, (

and which will be

incorporated into the Trails and

Greenways Plan.


Transportation Plans

The issue of non-motorized transportation

is central to any discussion on

smart growth. Towns that work with

residents and stakeholders to create

bicycle- and pedestrian-friendly

communities will find that their efforts

pay off in more desirable, livable

communities whose residents get more

exercise, see more of each other and

their community, use less gasoline, and

spend less time sitting in traffic.

Imperiled Species and

New Jersey’s Landscape Project

By Peter Craig, ANJEC Resource Center Volunteer

Most of us know that the

bald eagles and red knots are or have

been in danger of extinction, but few

could name a majority of New Jersey’s

imperiled species, classed as “endangered”

or “threatened.”

● Endangered species are those whose

prospects for survival in New Jersey

are in immediate danger.

● Threatened species are those which

may become endangered if conditions

surrounding them begin to or

continue to deteriorate.

Two web pages contain additional


● More details and a complete list of

New Jersey’s imperiled species at


● New Jersey Department of Environmental

Protection’s (NJDEP’s) draft

federally mandated Wildlife Action

Plan contains detailed views of many

NJDEP wildlife conservation efforts

available in draft form at

Landscape Project

In an attempt to advance the goals of

wildlife conservation, the New Jersey

Department of Environmental

Protection’s (NJDEP’s) Division of Fish

and Wildlife began the Landscape

Project in 1994. Although intended

primarily for the use of state, county

and municipal governments, the data

and maps developed in this project are

available to all.

The Landscape Project provides a

cornucopia of environmentally

significant information on New Jersey’s


imperiled species and the habitat they

need and delineates five basic habitat

types: forest, wetlands, forested wetlands,

grasslands and beach. Speciesrelated

data are based on documented

occurrences recorded in 1970 or later.

A computerized Geographic Information

System (GIS) brings these and many

other kinds of information together to

map “critical habitat,” defined as “Habitat

that is essential to the persistence and

recovery of rare species populations.”

Although the following sources provide

helpful views of the Landscape

Project, full access and understanding

require a working knowledge of the

GIS system.

Information Sources

Perhaps the easiest source of information

is the series found in the Landscape

Project Map Book, which consists of 87

11"x14" maps, plus explanatory text,

covering the entire state, available for

download at

ensp/mapbook.htm. Although you may

be able to get a spiral-bound printed

copy, this large work is more readily

viewed via computer and stored on a

digital disc.

Perhaps the most interesting source is

iMap, an interactive GIS map program

10 ANJEC REPORT - Spring 2007

Key Landscape Project

Web Sites

NJDEP’s draft federally mandated

Wildlife Action Plan


New Jersey imperiled species,


Landscape Project Map Book,


iMap interactive GIS, http://

New Jersey’s Landscape Project,

Version 2.0,


Training Session,


available at

DEP_iMapNJDEP. Be prepared to spend

a while learning how to use the features

of this fascinating website. It’s worth

the time because you can display

dozens of layers, alone or in combination,

over any part of New Jersey. Use

the ZOOM IN tool to draw a rectangle

around your area of interest. For a really

meaningful background against which

to display habitat (or just for the sheer

fun of it) choose the 1995 or 2002 air

photos (bottom of the Table of Contents

at the left), set the scale at 1:28,000

(bottom of the window) and pretend

to fly over your part of the State with

the PAN Tool (toward the top of

the screen).

You will discover that the photo

layers and many others in iMap can be

displayed only at particular scales,

which can be changed with ZOOM

tools or by entering a numerical value

in the scale box at the bottom of the

screen. Items grayed out in the Table of

Contents are not displayed at the

current scale setting.

For any who would use the Landscape

Project data for planning, a deeper

understanding of the facts and assumptions

behind the data is essential. A

useful explanatory source to that end is

the booklet New Jersey’s Landscape

Project, Version 2.0, downloadable at

lp_report.pdf. You can also arrange to

attend a training session at



Acting Locally

By Julia Lange Groth, ANJEC Resource Center Staff

Commission gets residents

involved naming local streams

The Byram Township (Sussex)

Environmental Commission discovered

12 municipal streams identified only

by New Jersey Department of Environmental

Protection (NJDEP) numbers,

including one that didn’t appear on

any maps. So the commission set up a

large map of the streams at the town’s

annual festival and invited residents to

propose names.

According to commission Chair

Margaret McGarrity, residents of all

ages offered ideas. Most chosen names

described the stream or linked to wellknown

natural or historical places, including:

Cowboy Creek, Cranberry Bog

Run, Ledge Run, Weaver House Run,

Ghost Pony Brook, Chemy Creek, Tow

Path Creek, and Teeny and Tiny Creeks.

The commission worked with NJDEP to

get coordinates for the streams’ beginnings

and ends and to apply for federal

approval for the new names.

McGarrity noted, “This project was

lots of fun for everyone, brought good

publicity for our EC, and served a serious

purpose – not only to give our streams

good local names (which NJDEP was

very favorable toward) but also ultimately

to make sure all our streams are

mapped accurately. Since we are 98.5

percent in the Highlands Preservation

Area, this is an important issue.”

Trees count in East Brunswick


In response to the East Brunswick

Environmental Commission contest to

find the township’s biggest and oldest

trees, residents have come up with

some whoppers. According to commission

member Dave Moskowitz, who has

been meeting with entrants to measure

their trees, one submission is a white

oak in someone’s back yard measuring

181 inches around and believed to go

back to 1718 – 13 years before George

Washington was born!

The Big Tree Contest began in the fall

and will continue until the end of May

when a new crop of leaves will help

confirm some trees’ species and ages.

Participants who report the largest tree

of each species will enter a drawing for

five copies of Peterson’s A Field Guide to

the Trees.

The commission’s web site (www.nj shows many photos of

the entries, and local newspapers have

been following the contest with stories

and pictures. The commission believes

the contest will help inventory the

township’s landmark trees while cultivating

greater interest in the environment

among residents.

The East Brunswick Environmental

Commission also coordinates the

township’s participation in North

America’s annual Great Backyard Bird

Count. Last year the local count totaled

1,259 birds of 37 species.

An environmentalist to paddle

from Miami to Maine

In May Margo Pellegrino is beginning

her 2,000-mile solo journey up the entire

eastern seaboard in an outrigger canoe to

call attention to the harmful impact of

human activities on the world’s oceans.

The wife of Medford Lakes (Burlington)

Environmental Commission member

Carl Pellegrino, Margo has attended

several ANJEC programs, including the

annual Leadership Course last October,

which she says provided her with “lots of

new information and resources.”

Margo expects to complete her trip in

July and has obtained sponsorship from

several companies and organizations,

including the National Environmental

Trust, Oceana and East Coast chapters of

the Surfrider Foundation. She hopes to

channel media attention toward the

efforts of local advocacy groups by

coordinating her stops in coastal cities

with their environmental activities.

The mother of two, Margo says she has

a selfish motive for her adventure: “I

harbor some fears for the sustainability

of the world ahead of us and I want to

have a meaningful answer to the question,

Mommy, why didn’t you try to do

something to stop this?”

She has developed a web site

( listing ways

people can help support her project and

enabling supporters to follow her

progress during the journey.

ANJEC REPORT - Spring 2007 11

The New Jersey Environmental

Federation honored both Roy Jones

and Mongaliso Davis for their work

in the film production at NJEF’s

April conference.

Saving Petty’s Island (Camden)

In February, R. Mangaliso Davis,

Camden Chairman of the African-

American Advisory Commission

presented a recently unveiled beautiful

15-minute documentary, Petty’s Island:

A Sacred Part of America’s Story at the

Rutgers-Camden student-run conference

Common Ground: An Environmental

Racism Conference. The film

highlights the island’s rich history, and

creates a call to action to join the

growing campaign to preserve Petty’s

Island, create public open space and an

environmental education center.

A Sacred Part of

America’s Story

Philadelphia’s 24-year-old non-profit

Scribe Video Center produced the film

in its Precious Places program, a community

oral history project expansion.

Noting that Philadelphia neighborhoods

were going through significant

changes, Executive Director Louis

Messiah started this program in 2002

for visual documents of neighborhoods

and architecture before redevelopment

resulted in their loss. Precious Places

works documentarily with community

groups to relate issues and concerns on

both sides of the Delaware River.

South Jersey Environmental Justice

Alliance ( and the African

American Advisory Commission answered

a call for proposals to community

groups with the Petty’s Island story. “Community

groups and committed individual

teams take on the lion’s share of

the work” explained Gretchen Clausing,

Program Director for Scribe Video Center.

“When the Petty’s Island proposal

came in there was no question that this

was a winner. It had all the elements – a

great story. This group could then use the

video to create the environmental center

and save the island from development.”

When asked whether or not she was

surprised that distinguished stage and

screen actor Danny Glover agreed to

narrate the film, Gretchen replied, “It

was pretty amazing. It just speaks to the

commitment and the persuasiveness of

the group.” Davis noted, “He heard

about our request to do the documentary

and he said ‘I want to do the

narrative for you guys.’ He thought it

was an interesting project and wanted

to help.” Danny Glover is best known

for starring roles in The Color Purple,

Mandella and the Lethal Weapon series

with Mel Gibson.

Petty’s Island

Sandwiched between Philadelphia

and Camden on the Delaware River,

the Petty’s Island covers four square

miles. The undeveloped lush greenery

side by side with tank farms and its

breathtaking close to the Philadelphia

skyline are very evident from an aerial

view. Owner Citgo Petroleum wants to

clean the island and return it to New

Jersey, creating a nature preserve and

environmental center. Environmental

organizations such as the South Jersey

Environmental Justice Alliance, the

New Jersey Environmental Federation

and Sierra Club are actively petitioning

Governor Corzine to allow that to

happen. The island is currently home

By Kerry Margaret Butch,

ANJEC Urban Environment Project Director

to the endangered bald eagle. Pennsauken

Tomorrow is fighting for the

island to become home to 1,100 residential

units, a hotel and conference center.

Historical Significance

Community members have filed for

state and federal historic designation of

Petty’s Island. Originally home to the

indigenous Leni Lenape, Petty’s Island

was a slave depot in the early days of our

nation. The documentary explains that

Africans were brought to the island to be

sold. Many Quakers in the area were

abolitionists and advocated for liberation

and freedom. Active on the waterfront

in Camden, the Circle of Friends

set up systems to help the Africans gain

their freedom. These systems were the

precursor to the underground railroad.

The historic application includes

documentation from historical societies

of New Jersey, Pennsylvania, Washington,

DC, the Smithsonian, Philadelphia,

Pennsauken, and Camden.

For more in formation about the film or to

take action to help save Petty’s Island,

please contact Roy Jones of the South Jersey

Environmental Justice Alliance at (856)



R. Mangaliso

Davis (center),

surrounded by


leaders, reclaims

Petty’s Island’s

sacred space and


12 ANJEC REPORT - Spring 2007

Spring Cleaning Tips


Information commissions can duplicate to use in their communities

For some, the sight of crocuses and

daffodils produces an urge to clean the

house from attic to cellar. If you are

about to embark on your annual spring

cleaning ritual, here are a few guidelines

to help “keep it green.”

The first step is getting rid of unwanted

items. But don’t just head for

the trash pile! Save resources, reduce

solid waste and protect the environment

by remembering to:

REUSE - Find new “homes” for items

that are still useable. Donate them to

a charity thrift shop, have a yard sale,

or sell them on eBay! Many charities

and churches sponsor book sales or

rummage sales in the spring and will

be glad to take your castoffs, which

may be quite desirable to someone


RECYCLE - bottles, cans, cardboard,

magazines, junk mail, and even

textiles. If your town doesn’t collect

all these items at curbside, find a

drop-off site.


PROPERLY- Every New Jersey county

holds hazardous waste collection

days for oil-based paint, solvents,

pesticides, fluorescent light bulbs,

batteries, motor oil, antifreeze and

other toxics, poisons, corrosives and

caustics. Electronic consumer

products such as computers, monitors,

televisions and cell phones also

need special disposal because they

contain heavy metals that will

pollute air and water if land filled or

incinerated. Counties and private

firms collect these electronic items

and disassemble them for reuse or

proper disposal. To find out about

recycling and hazardous waste

options in your county, see

countylist.html, or look up your

county recycling coordinator in the

blue pages of the phone book.


As you gather your arsenal of

products for the scrubbing phase of

spring cleaning, go with the basics -

white vinegar, baking soda, and lemon

juice. These old standards are inexpensive

and usually quite adequate for

normal dirt and grime. Try them before

reaching for the commercial chemicals

or odor-masking sprays.

For example, white vinegar is a nontoxic

disinfectant and mildew-fighter.

Use it either diluted or full-strength to

wipe down counters, sinks, tiles and

shelves. A cup of vinegar will kill germs

and odors in the toilet; add some

baking soda to get “scrubbing bubbles.”

Put a few teaspoons of vinegar and a

few drops of dish detergent in a spray

bottle of water to do windows.

Baking soda sprinkled on a wet rag is

a low-abrasive scrubbing agent for

sinks, and is also good for removing

odors in the microwave or refrigerator.

To freshen a rug, sprinkle baking soda

over it, let it sit for 30 minutes, then


Instead of chlorine bleach, use lemon

juice or hydrogen peroxide on small

areas (light fabrics only), or a commer-


cial non-chlorine bleach for whole loads

of light-colored laundry. To get the

yellow out of old lace or linen, hand

wash, rinse with a water/lemon juice

mixture, and then hang in the sun to

bleach dry.

If your springtime spruce-up includes

a fresh coat of paint, try one of the lowor

no-VOC (volatile organic compounds)

paints and primers offered by

major manufacturers. These products

work just as well, but emit less air

pollution, and your family won’t be

inhaling fumes as the paint cures.

Avoid oil-based paints because they are

extremely high in VOCs and also

require toxic solvents for cleanup.


When cleaning up the garden,

consider starting a compost pile to

handle all that dead vegetation you’ll

rake out of the flower beds. You can

also throw coffee grounds and vegetable

waste from the kitchen on it

throughout the year, as well as dead

leaves in the fall, to create compost, a

natural soil amendment your garden

will love. For more information on

composting, see

Instead of raking up lawn clippings,

“cut it and leave it” to save work,

reduce disposal costs, and self-fertilize

your lawn this year.

Your home can be fresh, clean and

clutter-free without putting a strain on

the environment.

ANJEC REPORT - Spring 2007 13


Fighting Light Pollution

By John Batinsey, Eatontown (Monmouth) Environmental Commission

Aretired accountant and

member of the Eatontown (Monmouth)

Environmental Commission for about

20 years, I became active in Light

Pollution when I realized that it was a

very misunderstood problem, mainly

communicated as a narrow astronomy

issue. Most people, especially municipal

officials, feel that preventing glare, light

trespass and energy waste has far more

significance than concerns about dark

skies. As a result and using the recommendations

of the Illuminating Engineering

Society of North America (IES),

Eatontown adopted an Outdoor Lighting


IES is widely recognized as the

foremost authority on lighting in the

US. Earlier this year, the New Jersey IES

invited me to speak at a special meeting

to outline how we established one of

the most successful outdoor lighting

ordinances in New Jersey. The ordinance

is designed to saves energy,

eliminate unnecessary glare and other

forms of light pollution.

Most media light pollution coverage

emphasizes the need for dark skies, often

perceived by non-astronomers as a “Light

Versus Darkness Issue,” rather than a

“Good Lights Versus Bad Lights Issue.”

Why We Needed to Control

Light Pollution

In the early 1990’s the Eatontown

Environmental Commission initially

defined light pollution to the local

governing body as misdirected and

excessive outdoor lighting that causes

● Glare

● Light trespass (a nuisance)

● Energy waste

● Unnecessary sky glow.

Next, the commission explained key

ordinance requirements.

● Use of cutoff (shielded) lights for all

pole and wall mounted installations;

● Confining all other illumination to

the intended target and not spilling

light in unwanted directions;

Comparing Energy Wastes

Maximum Average Allowed Average Commonly Allowed

Type of Facility In Eatontown (Foot Candles) Elsewhere (Foot Candles)

Fast Food Restaurants 2.5 20.0

Car Dealers - Front Row 20.0 120.0

Gas Stations (Pump Island) 20.0 150.0

Shopping Malls 2.5 10.0

Foot Candle is a measure unit of light intensity

● Not exceeding IES Illuminance and

Luminance recommendations;

● Significantly reducing retail and industrial

lighting after business hours.

We showed examples of “good” and

“bad” lighting, to illustrate how well

IESNA recommendations improved

visibility and provided more than

adequate illumination for safety and

security and avoided glare, light

trespass and energy waste.


Adopted in 1993, Eatontown’s

Outdoor Light Ordinance requires

developers to submit a lighting plan

including a full description and picture

of every light, a computer-generated

grid to review uniformity and identification

of lights to be turned off after

business hours. Under the effective and

fairly simple process the lighting

designer discusses and usually resolves

any problems before a Planning

Board meeting. In response to complaints

from some engineers/designers

for these new information requirements,

we suggested applicants ask

the fixture manufacturers to supply a

photometric grid.

In 2006 Eatontown adopted a Glare

Nuisance ordinance that applies to all

objectionable existing lighting,

(whenever installed) including

● Business lighting affecting roadways,

other business and residential


● Electric utility floodlights affecting

roadways and all other property.

Time for Environmental

Commissions to Become Active

Much of New Jersey’s outdoor lighting

is a “Train-wreck,” with some retailers

still installing outrageous floodlights in

parking lots, unshielded wall-packs and/

or excessive levels of lighting with the

direct glare source highly visible from

roadways and other properties. Electric

utilities continue to carelessly install

their floodlights in protected zones and

elsewhere to illuminate parking lots with

no regard to glare issues. State and local

roadway lights should not cause glare

problems, energy waste or unnecessary

sky glow. It’s time to fix these problems.

This can only be done with an ordinance

that will control light pollution.

For Additional Information

● Eatontown’s ordinance, environmental

commission’s Outdoor Lighting

Ordinance Guide and photos in

Identifying Good & Bad Light Fixtures

available from ANJEC Resource Center

at (973) 539-7547, or by email:

● Illuminating Engineering Society,

● Work with ANJEC for a training

seminar and/or a tour of Eatontown to

see effectiveness of IES illuminance

recommendations; contact ANJEC if

interested at (973) 539-7547,

14 ANJEC REPORT - Spring 2007

Municipal Regulatory

Powers in Category

One Stream Buffers

By John Thonet, Environmental

Planning and Design, Thonet

Associates Inc.

The New Jersey Department of

Environmental Protection’s (NJDEP’s)

stormwater regulations require municipalities

to pass stormwater ordinances

that include, at a minimum, the State’s

stormwater standards. One required

standard prohibits encroachment

within 300-foot Special Water Resource

Protection Areas (SWRPAs), or buffers,

on either side of Category One streams

unless the applicant demonstrates that

the functional value and overall

condition of the SWRPA would be

maintained to the maximum extent


According to Larry Baier, Director of

NJDEP’s Division of Watershed

Management, “...a municipality may

disapprove any proposed encroachment

that it concludes does not satisfy

these regulatory requirements. A denial

of a special water resource protection

area encroachment by the municipal

authority is not subject to review and

approval by the (NJDEP).”

However, if the local board agrees to

permit encroachment into a SWRPA,

that approval is subject to further

review by the NJDEP. In this regard, the

NJDEP Commissioner’s January 3, 2007

Administrative Order directs that:

“Effective immediately, the Department

shall not approve any encroachment

into a special water resource

protection area...unless the applicant

demonstrates that the functional value

and overall condition of the special

water resource protection area will be

maintained to the maximum extent


Thus, the regulations prohibit both

the NJDEP and municipal boards from

permitting encroachments into the 300

foot SWRPAs unless the applicant

demonstrates that the SWRPA’s

functional value and overall condition

will be maintained to the maximum

extent practicable. Functional Value

Assessment guidance is available at:


State Plan Cross



By Barbara Palmer,

ANJEC Land Use Planning

Project Director

“Of the 84 events that

need to happen to complete

Cross Acceptance, 72 have

successfully taken place,”

Acting Executive Director

Ben Spinelli of the Office of

Smart Growth (OSG)

reported at the April 18 State

Planning Commission

meeting, thanking his staff

and the State Planning

Commission members for

their efforts.

Cross Acceptance, the

process of comparing

municipal and county plans

with the State Plan and the

dialogue among the participants

to achieve consistency

among the plans, is indeed a

large undertaking. Every

municipality was asked to

report to their counties in

2004, the counties prepared extensive

reports for the state. Now the Office

of Smart Growth is holding four

meetings on each of these 21 county

reports. For each county there is an

internal OSG meeting, a meeting with

all the State Agencies involved, a

meeting with the county staff, and then

a local public hearing.

The public’s best opportunity to

comment on their county’s Cross

Acceptance negotiation with the State

is at the public hearing. A schedule of

the hearings is posted on the OSG web


crossacceptance.shtml: Essex, Warren,

Berge and Somerset scheduled in May;

Middlesex, Camden, Monmouth,

Morris, Mercer, Hunterdon, and Ocean

to come.

To prepare for a hearing, the

Office of Smart Growth posts

meeting materials on their

website (above) that include

the negotiation worksheets

of policy issues to be

resolved between the state

and the county, as well as

maps and other reports.

Municipalities should

review their final county

Cross-Acceptance report

to make sure it accurately

reflects the land use

plans of the municipality

and that it protects natural

resources. Any issues can

be raised at the

hearing, with each

speaker permitted 3

minutes to address the

state and county staff.

The public hearings

are the last step

before the release of

a draft new State

Plan. The draft State


Plan will reflect the

resolution of the

issues, but can be

commented on once

more at 6 hearings to be held around

the state, or in writing, before a final

State Development and Redevelopment

Plan is released.

ANJEC encourages all interested

parties to attend the public hearings.


ANJEC REPORT - Spring 2007 15

Make a Big Impression at Events

Setting up a table at fairs, festivals

and community events is no guarantee

people will stop to learn about your

environmental commission and its

goals. With so much other activity

competing for attention, it’s up to you

to quickly capture the interest of

passersby. The question is how to make

a big splash with minimal expense.

Some environmental commissions

have attracted booth traffic by setting

up blown-up maps from their environmental/natural

resource inventory

(NRI/ERI). Others find it effective to

approach passersby with survey

questions designed to gather public

input and get people thinking about

the environment.

At family-oriented events, it’s

important to have an activity that

engages children. Games or art projects

that are not only fun but also educational

will be a hit with youngsters and

parents alike. Here are a few ideas.

● Set up a coloring station with

crayons and photocopied pages

from environment-themed coloring

books (available free from various

online sources).

● Demonstrate an interesting, ecofriendly

project and hand out easyto-follow

instructions so that kids

can do them at home. Some examples

include dyeing fabrics using

natural plants and other natural

materials, creating handmade paper,

or building a solar cooker from

cardboard and aluminum foil. (If

you’re in a sunny spot, have some

cookies baking in a solar cooker

nearby to lead people by their noses

to your booth).

● Test your Eco-IQ – Use environmental

trivia questions to challenge

and educate those who stop at

your booth.

● To really kick it up a notch, rent a

game wheel and let children spin to

determine which true or false

question they get to answer. You’ll

have people lined up at your booth,

so while one volunteer works the

wheel, have someone else from your

commission chat with and hand out

literature to parents who are waiting

in line with their children.

About Prizes

You don’t have to spend a lot.

Children are generally happy to win

just about any trinket, but try to have

an environmental tie-in. For example,

at most dollar stores you can buy entire

bags of little plastic animals, insects or

By Julia Lange Groth, ANJEC Resource Center Staff

dinosaurs that kids love to collect.

Stickers and temporary tattoos are also

an inexpensive hit with smaller


ANJEC can help

The ANJEC Resource Center has lots

of ideas, information and copy-ready

hand out materials to help make your

next event booth a success. We also

have two portable displays available on

loan, one on the natural water cycle

and the other on sustainable living.

Call (973) 539-7547 or email us at to find

out more.

2007 Environmental

Achievement Awards

To be Presented at the

34th Annual

New Jersey Environmental Congress

Friday, October 12

Mercer County Community College, West Windsor

Award Categories

For Projects Implemented since 1/1/2006

● Environmental Commission

(Local or County)

● Open Space Committee


(Local or County)

● New Environmental Commission

(For Commissions Formed After December 31, 2004)

● Environmental Non-Profit Organization

(Local or Regional/Statewide Judged Separately)

DEADLINE: Tuesday September 4, 2007

For an application form and additional details go to, or call ANJEC at (973) 539-7547.

16 ANJEC REPORT - Spring 2007

Two Key Environmentalists

Helen Fenske

Recognized as a long-time New

Jersey environmental leader, Helen

Fenske died in January 2007 at 84.

She continually played important

key environmental roles including

● Leading the successful preservation

of New Jersey’s first national wildlife

refuge, the Great Swamp as director

of a non-profit;

● Creating a number of important state

programs including Green Acres and

legislations to create municipal

environmental commissions and

protect wetlands in key leadership

positions on the New Jersey Department

of Environmental Protection;

Establishing key environmental

organizations, including ANJEC, the

New Jersey Conservation Foundation

(NJCF) and the Crossroads of

the American Revolution.

Michael Catania, president of

Conservation Resources, noted “For

Helen there were no lost battles; only

Helen Fenske (center) at the 1969 signing

of the legislation enabling municipalities

to establish environmental


the battles she had not yet won.” And

ANJEC’s first executive director,

Candace Ashmun, said Helen “never


gave up. Neither will we.”

Additional information available at

NJCF’s newsletter (www.njconservation.


Ted Stiles

A well-known teacher, scientist and

active environmentalist, Ted Stiles died

in March 2007 at the age of 60. He

taught biology at Rutgers University for

35 years, keeping over 70 land preservation

projects going at a time. Chair of the

Hopewell Township (Mercer) Environmental

Commission and Open Space

Committee, he also served on many nonprofit

boards and local government

agencies including the Stony Brook

Millstone Watershed Association, the

D&R Greenway Land Trust, the Nature

Conservancy, the Crossroads of the

American Revolution, the Mercer County

Open Space Board and the Municipal

Land Use Resource Center.

Additional information available at Friends

of Ted Stiles, (

ANJEC depends on advertisers to help pay for the cost of printing the ANJEC Report.

Please let them know that you saw their ad here. Remember, however, that ANJEC does not necessarily endorse any of these firms.

ANJEC Environmental

Commissioners’ Handbook

(5th Edition)

A must-read for every commission

100 helpful pages including new information on

Energy conservation and sustainability;

State Plan and regional

protection areas;

Protecting the environment

in developed


Order by phone

(973-539-7547) or

e-mail (




ANJEC REPORT - Spring 2007 17

ANJEC depends on advertisers to help pay for the cost of printing the ANJEC Report.

Please let them know that you saw their ad here. Remember, however, that ANJEC does not necessarily endorse any of these firms.

Amy S. Greene Environmental Consultants, Inc.

■ Wetland Delineation ■ Habitat Restoration

■ Environmental Resources Inventory

■ Environmental Project Review

■ Endangered Species Surveys

■ GIS Mapping

4 Walter E. Foran Blvd., Suite 209, Flemington, NJ 08822

Phone: 908-788-9676 Fax: 908-788-6788

Wetland Consulting


Municipal Engineering

Environmental Assessments

777 Alexander Road, Princeton, New Jersey 08540

609.987.2323 Fax: 609.987.0005

GIS Mapping

Expert Testimony

Water/Wastewater Engineering

UST Site Management

Professional Land Use Planning

Surveying and GPS

Environmental Phase I Audits

Master Plans


ANJEC’s Pathways for the Garden State

A Local Government Guide to Planning Walkable, Bikeable Communities

Just $8 plus $4 shipping.

Order by phone (973-539-7547) or e-mail (

• Endangered Species Surveys

• Wildlife Inventories/Studies

• Habitat Mitigation Proposals


(908) 234-0870 (908) 996-3214

101 Grovers Mill Road Suite 104 Lawrenceville, NJ 08648

Tel: 609.275.0400 • Fax: 609.275.4511 •

Jill Stein Dodds


• Wetland Delineations

• Ecological Impact Assessments

• Photography • Expert Testimony

Environmental Consultants

Thomas D’Angelo

17 Indian Terrace

Lafayette, NJ 07848


Fax: 973-875-8080

Environmental Impacts • Resource Inventories • Grants • Wetlands

18 ANJEC REPORT - Spring 2007

ANJEC depends on advertisers to help pay for the cost of printing the ANJEC Report.

Please let them know that you saw their ad here. Remember, however, that ANJEC does not necessarily endorse any of these firms.

239 US Hwy 22 East

Green Brook,

New Jersey 08812



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(732) 968-9600

Fax: (732) 968-5279

Uhl, Baron, Rana & Associates, Inc.

Consulting Hydrogeologists

and Environmental Engineers

• Groundwater Supply Development,

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• Groundwater & Soil Remediation

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• Wellhead Protection Planning

243 N. Union Street Suite 240

Lambertville, NJ 08530

t: 609-397-9161

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ANJEC REPORT - Spring 2007 19

ANJEC Cruises on the Delaware and Hudson Rivers

A series of cruises in June and July

Join ANJEC for a two-hour

Delaware River cruise with lunch

on the Splash steamboat

on Saturday June 16

from Lambertville (Hunterdon).

Program includes presentations on the area's rich

history and changing ecology. Once a vibrant

commercial waterway, the river now supplies

drinking water for

17,000,000 people and

is a recreational and

educational gem.

ANJEC members: $35;

non-members $40.

For more details,

contact ANJEC at, (973)

539-7547, or go to


Special thanks to our

Corporate Donors

ANJEC Gold Members

$7,500 and up

Bristol-Myers Squibb Company

PSE&G Service Corporation

A.J. Meerwald tours on the Hudson River

Join us in Liberty State Park, Jersey City (Hudson) and/or the

Palisades Interstate Park, Alpine (Bergen) for two and four-hour

sailings on a schooner that is New Jersey's official tall ship.

Thursday July 19 from Liberty State Park to Palisades Interstate Park

Friday July 20 and Saturday July 21 from Palisades Interstate Park

Sunday July 22 from Palisades Interstate Park to Liberty State Park

These cruises offer great opportunities – featured guest speakers on New Jersey

history and nature, view of the majestic Palisades, a magnificently restored 1928

two-masted, 115-foot oyster schooner with over 3,500 square feet of sail.

For details and prices contact ANJEC at, (973) 539-7547, or go to




P.O. Box 157

Mendham, NJ 07945

Non Profit Org.

U.S. Postage


East Hanover, NJ

Permit No. 5

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