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Future Thanks 8 Newsletter NEW JERSEY Eight Awards for SMART GROWTH 3 Transferring DEVELOPMENT RIGHTS 7 FUTURE THANKS 8 NEWSLETTER Working for Smarter Growth... More Livable Places and Open Spaces Issue #2, 2004 VIEWPOINT Streamlining Development and Protecting the Highlands – A Look at the Legislation here and how will New Jersey grow? Two new New Jersey Future has a long history of strongly advocating pieces of legislation address this question. One for streamlined permitting and other incentives that W bill streamlines development permitting in smart encourage development in the right places, as expressed growth areas, and another aims to protect the Highlands. in the State Plan. We would have preferred a bill that draws from the experience of streamlining in other states. Permit Streamlining After we were advised that this bill would pass quickly as A new bill that streamlines development permitting in a part of the Highlands agreement, we chose to offer our New Jersey passed through the legislature with astonishing support in exchange for amendments that greatly speed and lack of debate as the result of an agreement improved the bill by restricting the locations where reached between legislators and the Governor to advance streamlining would apply. the Highlands bill. The Legislature passed the bill on June 17, and the Governor signed it into law on July 9. As a result, the areas that qualify for expedited permitting are areas identified for growth in the State Plan – Planning The bill is designed to streamline building permits in growth Area 1, Planning Area 2, centers, and other designated areas identified by the State Plan. It also establishes smart areas in need of redevelopment. All of these places have growth divisions within the departments of Environmental been identified, through a public process, as areas where Protection, Community Affairs and Transportation to growth should take place. Prior to New Jersey Future’s expedite the permitting (for a fee) for projects in areas where intervention, the bill defined smart growth areas as PA 1 the State Plan encourages development. If the departments and 2 and “any previously developed site.” This term fail to rule on a complete permit application, usually within “previously developed site” was defined extremely broadly and 45 days, approval would be automatic. Additionally, the included, among other things: farmland; long abandoned and bill creates a Smart Growth Ombudsman with the power overgrown areas; and any area covered with paving blocks, to veto proposed state agency regulations if they are not gravel, crushed stone, or maintained lawns. deemed to be consistent with the State Plan. Supporting the amended bill was a difficult position to take because of the flawed and abbreviated process by Smart Growth Award Winners which the bill was developed and passed. But we believe Making his third appearance at New Jersey that our choice to be involved by contributing to a better Future’s Smart Growth bill made a positive difference in an assured outcome. Awards Celebration, Governor James E. Some environmental advocates, who strongly and vocally McGreevey (pictured opposed this bill and whose viewpoints were echoed by here, left to right, with many of the state’s editorial writers, are likely to challenge SJP Properties Founder this bill. Those challenges can take time. We are turning and President Steven J. Pozycki; Carl Dranoff of Dranoff Properties; and Philip G. Grossman of our attention to implementation to ensure that this new Fleet Bank, a Bank of America Company) told some 300 guests,“Smart law serves the public interest and moves smart growth growth is about how we envision what kind of future we want to have. forward. We call on the Governor, the Legislature and Smart growth is not about saying ‘no’ to growth. Smart growth means state agencies to take the following steps: saying ‘yes’ to growing in the right places and in the right ways.” To learn more about this year’s award winners, see page 3. continued on page 2 continued from previous page • Appoint an Ombudsman of stature and substance, who • A well-defined regional plan for managing growth commands the respect of both the environmental and outside the core preservation area. development communities. • Incentives for municipalities that choose to conform • Convene a process to consider amendments local planning and zoning with the voluntary regional sooner, rather than later, that addresses the issues plan, including technical assistance, planning grants and of highest concern. legal protection. In addition, municipalities that opt for • Make the new permitting process more transparent, and higher density growth will also receive larger planning open to the public. Use the new Ombudsman website grants, preferential access to state land preservation to immediately post every permit under review, the date funding, and the ability to use expanded impact fees. of its receipt, its status and final disposition. • A regional Transfer of Development Rights (TDR) • Coordinate the new permitting process through the program that will seek protection of critical natural State Planning Commission, which has oversight of the resource areas and farmland by supporting growth State Plan that defines the growth areas where expedited where it does the region the most good. permitting applies. These growth areas need careful Unfortunately, last minute amendments to strengthen re-examination; maps need to be redrawn to remove home rule complicated implementation of the TDR wetlands and other environmentally sensitive lands from program. A requirement for the Highlands Council to growth areas. The Commission should take the lead in identify receiving zones in ALL towns outside the protected developing standards the Ombudsman will use to core or provide reasons why this could not be done was decide whether state agency regulations support the diluted to say more generally that receiving areas (unspecified State Plan or not. number) must be identified. A new requirement was • Review the entire process in a year. A task force of added that the Office of Smart Growth must establish public and state representatives should pay special pilot TDR programs involving Highland municipalities, attention to how the streamlining process, the Smart before the regional TDR program can be implemented. Growth Ombudsman and the Smart Growth court In the end, the bill provides a weaker regional planning impact the implementation of the State Plan and framework than that in either the Meadowlands or the environmental quality; and offer recommendations Pinelands. It is however, the first attempt to implement for how the law can be made better. State Plan principles through the use of incentives on a It is our hope that the passage of this bill marks the regional scale, and provides a substantial improvement beginning of a process to formulate a thoughtful and over the status quo. effective plan to help facilitate growth in areas called for by the State Plan, and thereby also protect areas of the Given the ambiguities in the council’s land use authority, State where growth is not appropriate. implementation will be critical. The appointees to the council must have relevant expertise and a demonstrated Protecting the Highlands commitment to protecting regional quality of life. Ongoing Passed by large majorities in both houses on June 14, the support from the governor’s office will be important, Highlands Water Protection and Planning Act is expected including adequate funding for council operations to hire to be signed into law this summer. The legislation creates a highly qualified, professional staff. The Office of Smart a new land use regime for an 800,000-acre swath of forest Growth must establish the required TDR pilot program and farmland stretching across the northwestern portion expeditiously so as not to delay creation of the regional of New Jersey that is the source of drinking water for more TDR program. Finally, the environmental and planning than half of the state’s residents. The strictest measures community must work together to create the kind of focus on 390,000 acres of “core” watershed lands, where regional identity and understanding among local leaders new environmental regulations and a mandatory regional that will encourage participation in the regional plan, plan will dictate strict limits on new development. The bill especially the creation of receiving zones that will allow protects landowner equity and provides funding to local fuller land protections in watershed areas. governments whose property tax revenues will be affected. In the communities surrounding the core preservation New Jersey Future salutes bill sponsors Senator Smith, area, the regional plan will be voluntary, but incentives Senator Martin, and Assemblyman McKeon, whose for municipal participation are provided. determination and flexibility brought the bill to passage. We would like to especially thank Senator Adler, champion Throughout the legislative process, New Jersey Future of the bill’s smart growth measures. And, we commend advocated amendments that would ensure that the bill Governor McGreevey for spearheading Highlands provided both environmental protections and a framework protections, starting with creation of the Highlands for community development throughout the region. Task Force last fall. Among the law’s smart growth provisions are: 2 SMART GROWTH: NEW JERSEY’S BEST AND BRIGHTEST Eight awards for outstanding smart growth efforts Eight redevelopment efforts that are changing the Waterfront Redevelopment Plan, face and the future of New Jersey were honored on is revitalizing the area’s abandoned May 5 at New Jersey Future’s 2004 Smart Growth buildings, fenced-off lots, and Awards Celebration. brooding piers. Governor James E. McGreevey and several SJP Properties entered into a members of his cabinet were among the more than public/private partnership with the 300 corporate, government, and development leaders city and the Port Authority and took at the Newark Club in Newark. The event was responsibility for the office development hosted by SJP Properties and chaired by SJP of the Corporate Center.
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