However, under the Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. The NJDEP was a party to the original settlement agreement but not the 2020 Declaration of Partial Release. 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. 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. 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.
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. The deed restriction is contained in the deed by which the County acquired the former landfill from Waste Disposal, Inc. and Waste Disposal Inc., related to a capped landfill in Howell Township, Monmouth County. 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 DecemSettlement Agreement by, and between, the County of Monmouth, the NJDEP, Waste Management, Inc. Conservation Restriction Release Hearing–Township of Howell, Monmouth County–Partial Release of Open Space Deed Restriction on Capped LandfillĬlick Here for Full Public Hearing Noticeīlock 42, Lots 38, 93, 93.01, 94 and 94.01
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