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Assemblyman Michael Doherty today sent a letter to Highlands Council Chairman John Weingart strongly opposing a proposal presented by the Highlands Council that would require the licensing of residential septic systems in the Highlands Region.
“This proposal validates my worst fears about the Highlands Act,” said Doherty, R-Warren and Hunterdon, who voted against the act during the McGreevey administration.
“In the Highlands region, homeowners now face the possibility of a ‘toilet tax,’ and being driven from their homes if they don’t comply with a septic system licensing scheme authored by the Highlands Council. This is an outrage, and like the Florio toilet paper tax of the early 1990’s, I will do my best to see that this toilet tax has the same fate.”
Doherty’s concern stemmed from a package of proposed ordinances sent by the Highlands Council to municipal officials. The proposed municipal ordinances outlined extensive new requirements upon the Highlands communities that include license fees, inspection fees, pumping fees and an apparent open-ended police power to observe, inspect, monitor or sample an on-site sewage disposal system.
“These proposed ordinances are far more stringent than those proposed by the DEP,” stated Doherty. “This is an unfunded state mandate that only applies to the Highlands region, and if the state isn’t mandating these rules, what form of government is? I know one thing for sure, it is not an elected form of government.”
Doherty plans to gather support to stop the imposition of these fees and rules that single out the Highlands region as the test bed for an apparent statewide toilet tax.
See letter below:
Mr. John Weingart, Chairman
New Jersey Highlands Council
100 North Road
Chester, NJ 07930
Dear Chairman Weingart,
I was recently advised of a proposed septic system ordinance, authored by the New Jersey Highlands Council, that would require municipalities within the Highlands region to license, mandate triennial pumping and inspection, and impose fees upon homeowners who have residential septic systems.
First, let me make it absolutely clear that I oppose a mandate that will create additional municipal burdens and increase municipal fees and taxes upon local residents.
The Highlands Council’s proposal goes far beyond requirements found in other model ordinances, and clearly establishes an unfunded state mandate, as well as the precedent of the licensing of residential properties.
Please let me know where the Highlands Council gets the authority to impose such a mandate upon the municipalities in the Highlands region.
Sincerely yours,
Michael J. Doherty
Member of the General Assembly
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