Conservation Restriction Release Hearing–Township of Howell, Monmouth County–Partial Release of Open Space Deed Restriction on Capped Landfill
Requestor: County of Monmouth
Restricted Property:
Lakewood-Allentown Road
Block 42, Lots 38, 93, 93.01, 94 and 94.01
Township of Howell, Monmouth County
Description of Release Request:
The New Jersey Department of Environmental Protection has received a request from Monmouth County for a partial release of an open space deed restriction on County-owned land that was created as a condition of the December 22, 1995 Settlement Agreement by, and between, the County of Monmouth, the NJDEP, Waste Management, Inc. and Waste Disposal Inc., related to a capped landfill in Howell Township, Monmouth County. The deed restriction is contained in the deed by which the County acquired the former landfill from Waste Disposal, Inc.
The County has requested a partial release of the conservation restriction to allow for the development of facilities that produce electrical energy from wind, solar, photovoltaic, or other technologies on a portion of the surface of the capped landfill, which requires development in areas on the surface of the landfill that would otherwise be prohibited pursuant to the terms of the conservation restriction. On November 25, 2019, the Department’s Bureau of Solid Waste Permitting informed the County that it does not object to the request for a partial release of the conservation restriction in the context of the original settlement agreement but advised the County that it would be necessary to obtain all other permits and approvals for its project. On April 20, 2020, Waste Management of New Jersey and the County executed a Declaration of Partial Release of Deed Restriction to memorialize their mutual agreement, as parties to the original settlement agreement and the deed conveying the former landfill to the County, to removing the deed restriction from a portion of the former landfill. The Township of Howell also signed the 2020 Declaration of Partial Release in its capacity as a party, with the County, in an interlocal service agreement related to the former landfill.
The NJDEP was a party to the original settlement agreement but not the 2020 Declaration of Partial Release. However, under the Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 through -9, the NJDEP Commissioner has oversight over all conservation restriction releases, whether the NJDEP is a party to the restriction or not, and a public hearing is required before the Commissioner can approve the partial release. On June 16, 2022, the County filed a formal request with the NJDEP for the partial release of the conservation restriction.
In accordance with N.J.S.A. 13:8B-5, the County will be conducting a public hearing on the proposed partial release in Howell Township at the time and in the location listed below.
Additional information about the proposed project may be found on Howell Township’s website at:
Related Documents:
June 16, 2022 Request for Partial Release of Conservation Restriction
April 20, 2020 Partial Release of Deed Restriction
Howell Township Planning Board Application Document Distribution Sheet #1
Howell Township Planning Board Application Document Distribution Sheet #2
Howell Township Planning Board Application Exhibit List (includes maps of the proposed solar project)
Hearing Date/Time: February 27, 2023 at 6:00 PM
Hearing Location:
Howell Township Municipal Building
4579 U.S. Route 9
Howell Township, NJ 07731
Public Comments Accepted Through: February 27, 2023 [see public notice linked above for contact information]