Governor unveils smart-growth legislative packages.
By: David Campbell
PLAINSBORO Gov. James E. McGreevey joined area mayors Thursday to unveil a smart-growth legislative package meant to empower municipalities to fight unwanted development.
"Today, we’re announcing a series of initiatives that will allow mayors to take a stand against senseless development," Gov. McGreevey said. "No longer should taxpayers be forced to bear the burden of new roads, schools and sewers every time a McMansion is built or a mall is erected."
Area mayors, who flanked the governor at a press conference held outside the township Municipal Building here, responded favorably to the package, which would bring "fundamental changes" to municipal land-use law if enacted, according to state Community Affairs Commissioner Susan Bass Levin, who also was present.
Plainsboro Mayor Peter Cantu said that many of the proposed changes are not new, but the commitment by the state to push them through is.
"As mayor of Plainsboro for 23 years and part of its governing body for 29 years, I have seen firsthand the pressures that a growing community experiences," Mayor Cantu said. "It’s refreshing to see the governor trusts the municipalities and is willing to empower them."
Under the proposed legislative package, land-use law would be amended to empower municipalities to impose impact fees on developers for the costs of new roads, sewers and school expansions resulting from new growth.
Impact fees could also be imposed to cover development-related expenditures for wastewater treatment, flood control and stormwater management, municipal parks and open space, the governor’s office said.
"The developer, not the taxpayer, should have to pay the price," Gov. McGreevey said.
Also under the package, municipalities would be permitted to undertake development-rights transfers within and outside their borders, and to consider off-site impacts such as traffic, parking and recreation when reviewing development applications.
Municipalities also would be required to communicate with each other on development projects and master planning by expanding notification requirements from 200 feet to all adjoining municipalities, the home county and adjoining counties within 1,000 feet.
In addition, local planning and zoning officers would be required to attend workshops on topics related to the principles of the state’s smart-growth agenda.
Responding to questions about possible abuse of impact fees by a mayor seeking unwise development to bilk developers of money for new roads and sewers, Commissioner Levin said municipalities would have to show conformity with the State Development and Redevelopment Plan.
Princeton Borough Mayor Marvin Reed, who was present for the announcement Thursday, said the legislative package is "a good first step" toward regional planning that crosses municipal borders.
"Hopefully this is a first step toward providing a mechanism," Mayor Reed said.
Princeton Township Mayor Phyllis Marchand, also present Thursday, said of the governor’s proposal, "I think we’ve been waiting a really long time for this."
Henry Hill, an attorney for developers, including Toll Brothers, and land-use counsel for the New Jersey Builders Association, called transfer of development rights "intellectually attractive."
"Municipalities should have the right to move development as long as property owners get a fair break and their values are not impacted," Mr. Hill said.
Commenting on impact fees, the attorney said, "There are fair impact assessments and there are unfair impact assessments, and it really depends on whether they accurately reflect the immediate cost to a community of accommodating new housing."
Noelle Reeve, senior research planner with The Regional Planning Partnership, said she thought Thursday’s announcement was going to be about a proposal by the governor’s office to permit one-year moratoriums on growth by municipalities.
But Ms. Reeve said of the package that was unveiled, "We’re very glad to hear that TDR (transfer of development rights) is going forward, and impact fees seem long overdue."
Ms. Reeve called cross-border notifications under the package a good first step, but said, "There’s no teeth."
"Thinking regionally is a good idea, but they haven’t begun to address it," Ms. Reeve said of state officials.
Jeff Tittel, director of Sierra Club’s New Jersey Chapter, noting the potential for abuse of proposed measures like developer impact fees, said, "A hammer can be used to build a house or break someone’s knuckles.
"This also only really works with the good towns," Mr. Tittel said of the governor’s legislative package. "This will help the good towns. This means citizens will have to push their towns to do the right thing."
Gov. McGreevey said Thursday he would unveil in coming weeks proposals to permit building moratoriums and timed-growth ordinances by municipalities.