No Sewers, No Development? What You and Your Clients Need to Know about NJ DEP’s Proposed Sewer Service Area Maps

September 15, 2011
NJICLE
Sheraton Edison Hotel Raritan CenterEdison, NJ

9:00 a.m. to 12:00 p.m.

This joint seminar sponsored by the Land Use and Environmental Sections will provide "nuts and bolts" advice regarding the County Wastewater Planning process, what to do if your client's property is take out of a sewer service area and the impact of new septic regulations on the ability to develop property without sewer service.

Sewers drive development. Without sewers, development, in particular high density or commercial projects, is greatly restricted and these restrictions can have a profound impact on property values. High density and commercial projects are particularly affected by sewer availability.

The New Jersey DEP is in the process of a state wide revision to sewer service area maps. Waste Water Management Planning has now been delegated to the counties, which are processing new sewer service maps. The proposed maps are designed to bring all sewer service areas into compliance with a host of regulatory frameworks including those covering Category One waterways, wetlands, threatened and endangered species and other areas. Once these revisions are complete, a build out analysis will be done for each sewer service area to determine its future capacity and to determine which areas may and may not be deemed suitable for sewer service. Moreover, these proposals allow undeveloped and partially developed properties that are currently included in sewer service areas to be removed under certain conditions.

The new wastewater sewer service maps are the subject of county wide hearings. There is a process to seek inclusion of property that has been left out of sewer service areas. It is imperative that your clients examine these maps and understand the scope and breadth of these proposals. Removal from a service area can have the same result as rezoning, changing the allowed use and value for a particular piece of property for years to come. Property owners will receive no notice of any change in sewer service area designation.