Landscapes in a Legal Vacuum Faced with Developers Remedy

14 Years of Hush- Hush on the QT Conformance Idling. Now COAH Fears.

In September 2009 Parsippany began the self-assessment report in relation to their go ahead into the regional master plan conformance. In July 2014 they suddenly dropped out using or stating several reason; all of which this writer contends were not valid or reasonable; however Parsippany being in the Planning Area makes conformance “voluntary”. Here is the crux of the matter in the time period of nearly 14 years no actions or improvements were forthcoming. It is obvious from reading the 2010 articles that Parsippany’s main reason for beginning conformance was the public housing issue and the possibility of lower mandated quotas. Apparently COAH, only one element of any municipal responsibility, not advancement of better land management, resource protections and future sustainability were given much thought. COAH, an actual separate entity in itself was taken as the whole and only reason for idling in conformance.

In 14 years no public participation or encouragement was sought, in educating citizens about the benefits of regional plan conformance, transparency was denied. In addition and most revealing our environmental commission was not asked for advice, input or further liaisons with the regional conformance officials.

Now COAH has ended and theatrically no quotas exist other than developers remedy, Parsippany has left itself open to a COAH fear of “over housing development” because of all the developed but abandoned or empty office space, retail and small malls, and most importantly corporate owned remaining landscapes, threatened simply because they are not developed or occupied. If this fear and threat is real, as it is with “waterview landscape” for example, Parsippany requires and needs regional conformance, now more than ever; as for too long already private economic considerations are given preference over public environmental values; so the 14 year idle in making no progress with a natural resource inventory and consistency reports concerning valuable landscapes were not conducted and given legal standing.

Under conformance a checklist may be implemented for any remaining landscapes undeveloped and if a developer threatens or proposes, the consistency report when in conformance has legal standing to prevent or curtail improper or in sensitive plans that do not accommodate the natural resource assets of the landscape. Special public interest would be addressed for watershed management, open space, historic preservation, already available space and community enhancement, known as community environmentally constrained sub-zones. In short large corporate developers would be held to the highest standards and possibility not allowed to destroy valuable natural landscapes.

Private property can work against community if it is thoughtlessly used, and especially for market speculation type development of which our American Landscapes are played out. When a developer comes before our planning board, a site plan is used this site plan ignores; fails to display the lands true character; sort of a flat earth concept of imaginary being. Regional Master Plan Conformance reveals, land use capability maps, interactive maps and consistency reports bringing transparency of a scientific nature to all, in understanding what stands to be gained or lost by the proposal, what accumulative impacts on the surrounding will occur, for example is the land important is such things as, ground water recharge for our aquifer and future of our water supply.

Public Housing cannot be built on environmentally sensitive lands; but these land must be identified and have legal standing, under conformance the legal protections are automatically forthcoming, as a developer would have to sue the State; under Home Rule it would cost local tax-payers legal fees.

At the Council Meeting 10/20/15 Council President Carifi suggested a noble ordinance be considered concerning hiring local skilled labor in any Project taking place in Parsippany and making sure all OSHA regulations be adhered to for safety. One basic principal of the OSHA-Public Law is to build on advances already made in the field of worker safety and well-being both physical and psychological that no one be degraded by their work. I say to the Town Council and the Administration, let us build on the advance already made in the Highlands Act Legislation, in protecting our remaining landscapes from improper and unnecessary developments from outside forces. This great achievement calls to us now. Our Nation, our land our community demands the best practices and science available. Parsippany being in the Planning Zone of the Highlands or not, the fact remains the earth and water below us is part of the Highlands and should be recognized and respected as such. Pride in Parsippany, how can we truly have it without the adherence to the higher standards, sound and legal filled with long term benefits for all. Let us begin again the “conformance” to regional Planning. The Highlands Legislation passed muster in 2004 with overwhelming bi-partisan support. It surprisingly was begun on a National Scale by President Bush the father because of the realization of the present and future water deficits occurring across the Country. Do we love our Country or just its flag?