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It is well within a municipality's power to protect its environment. The Municipal Land Use Law (N.J.S.A. 40:55D-1 et.seq.) spells out the rules under which municipalities may plan for and regulate the use of land. Among the "Purposes" of the MLUL are:
g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, industrial, uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens. And,
j. To promote the conservation of historic sites and districts, open space, energy resources, and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land.
The provisions for master plans specify 14 elements, of which only four are mandatory: (1) a statement of objectives and principles, (2) a land-use element, (3) a housing element, and (4) a policy statement relating the town's plan to those of the surrounding region and state and county plans. The optional elements are a more than ample planning basis for virtually any aspect of resource conservation. These include:
(8) A conservation plan element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, energy, open space, water supply, forests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or threatened species, wildlife and other resources, and which systematically analyses the impact of each other component and element of the master plan on the present and future preservation, conservation, and utilization of these resources.
(9) A farmland preservation plan element, which shall include: an inventory of farm properties and a map illustrating significant areas of agricultural land: a statement showing that municipal ordinances support and promote agriculture as a business; and a plan for preserving as much farmland as possible in the short term....
In addition, there are important provisions for capital facilities planning and programming.
(5) A utilities service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provision for related utilities and including any storm water management plan...
A complementary provision of the MLUL permits the municipal governing body to authorize the planning board to prepare a program of municipal capital improvements, and to review capital projects with respect to the plan.
Although most municipal master plans have general statements in support of resource protection - some with very detailed maps - these documents are seldom fully implemented in the form of regulation. For example, among the environmental goals within Andover Township's (Sussex County) Master Plan are "to identify and protect environmentally sensitive areas" and "to require larger lot sizes on environmentally sensitive properties." A look at the land use regulations in place in Andover reveals 1-acre minimum lot sizes throughout with no special environmental ordinances (stream corridors, steep slopes) in place - efforts insufficient if the town is to achieve the aforementioned goals.
Article 8 of the Municipal Land Use Law states that "the governing body may adopt or amend a zoning ordinance relating to the nature and extent of the land and of the buildings and structures thereon..." However, the provisions of the ordinances we have examined are, in general, not commensurate with the need. Our survey shows that virtually no town has a base zoning even close to the low densities essential in protecting environmental values; say an average of 1 unit per 20 acres. A few towns have downzoned to the 3-5 acre range, with various clustering provisions. Most exurban zoning remains in the 1-3 acre range. Furthermore, the stated policy of all these municipalities - as expressed in their land use regulations - is full "build-out," typically at market densities. In other words, all privately held land is slated for development - typically between 1 and 3 acres, not adequate for resource protection.
In addition to the zoning provisions, many towns have development regulations intended to protect one or more of the following: steep slopes, aquifers, floodplains, freshwater wetlands, stream corridors, woodlands, and right to farm. But these vary dramatically in their intended strength, some with a presumption against, but many more with a presumption for development. Habitat conservation, endangered species, and biodiversity are barely mentioned in only in a handful of towns. Our survey shows that municipalities generally do not regulate land with this purpose.
The Association of New Jersey Environmental Commissions (ANJEC) in its Fall 2000 Report writes:
"Without clear ordinances imposing strict environmental standards, the planning board will find it difficult to exact requirements from a developer during site plan review. Good ordinances articulate the type of development the municipality wants, allowing it to be pro-active, rather than reacting to applications developers bring to the town."
Finally, there is a sharply drawn checkerboard of commitment to environmental conservation: committed towns bordering uncommitted towns. One town's initiatives may be undermined swiftly by development approvals or other conservation lapses by its neighbors. For instance, the municipal survey revealed how Stafford Township (Ocean County) with an innovative stormwater management ordinance can often lie adjacent to a place such as Eagleswood with no such provision in place. Likewise, Allamuchy Township's (Warren County) open space planning and acquisition stands in contrast to its neighbor Frelinghuysen, which has a less aggressive approach. The discrepancies between municipal environmental policies can cause one town's efforts to be undermined by its neighbor.