South Brunswick Mayor Frank Gambatese and Cranbury Mayor Richard Stannard oppose new law
By:Matthew Kirdahy
Local mayors and regional activist groups oppose new rules that put developer applications filed with the state and proposed for "smart growth" areas on the fast track to approval.
South Brunswick Mayor Frank Gambatese and Cranbury Mayor Richard Stannard oppose the new law, saying it undermines the current application process by potentially eliminating public input.
Monroe Mayor Richard Pucci said in a phone interview Tuesday that while he’s not familiar with the specifics of the law, he supports the state’s plans for "smart growth."
"Smart growth" describes well-planned, well-managed growth that adds new houses and creates new jobs while preserving open space, farmland and environmental resources, the state Department of Community Affairs Web site says.
The bill (A3008), which Democratic Assemblyman Albio Sires and John McKeon sponsored, passed in the Assembly and Senate June 17. Gov. James McGreevey signed the bill into law July 9.
Mr. McKeon said the new law is not intended to hurry the application process or modify any of the requirements and standards developers must follow for approval. He said the law exists to give developers an answer on their applications, not necessarily an approval, within a reasonable amount of time.
The new law will guarantee developers with planned projects in "smart growth" areas approval within 45 days if they don’t receive a response from the state on the application.
The law would create a position for a state Smart Growth official, who would oversee the approval process, and form a Division of Smart Growth in multiple state departments.
Under the law, the new governor-appointed state official, or ombudsman, would oversee this approval process. The approval would cost the developer more money when filing the application to cover the costs that come with expediting the process, according to the law. However, the law states that there won’t be a price tag put on the application process until it is approved.
Mayor Gambatese said at a July 8 press conference in the South Brunswick municipal building that it’s inexcusable when the state doesn’t review the application, a developer will benefit.
Mayor Gambatese said the environment will stay clean and protected without this law while the quality of life will improve over time.
Mayor Stannard said in a phone interview Tuesday that rushing developer applications and smart growth are not synonymous.
"I think that I have trouble with the notion that smart growth in any way means fast approvals," Mayor Stannard said "It’s important to make sure that all reasons and all key features of an application for development are looked at and reviewed before growth. (This law) shortens the process unnecessarily. The old system where the applications got a proper vetting is a better approach than a default 45 days."
At the July 8 press conference, representatives from the New Jersey Public Interest Research Group, Tri-State Transportation Campaign, N.J. Sierra Club and Republican Assemblyman Bill Baroni said the bill would cause severe environmental damage and there would be little the public can do because of the lack of public input.
Sierra Club Director Jeff Tittel said the state is 41 percent developed and is losing 1.5 percent of its land each year. He said it would be wise to stop now, calling the bill "pay to pave."
"(This bill) sets up a process where the ombudsman can set up more areas for smart growth because of some politically connected developer," Mr. Tittel said. "This is a system that’s going to be rife with abuse. This bill undermines environmental protection across the board."
Damien Newton of Tri-State argued that the bill would eliminate the public input process of a developer’s application, thus defeating the purpose of entire existing approval process. He called the bill an "E-ZPass for developers."
"It will take the public out of the process and add more congestion which leads to more problems" Mr. Newton said.
Suzanne Leta, the campaign director for NJPIRG’s Citizen Outreach office in Princeton, said her office has collected 1,300 signatures from residents asking the governor to support a series of anti-sprawl regulations through the DEP. She also called the bill an "E-ZPass for polluters."
"Large development projects need full, reasoned evaluations, not quick rubber stamp approvals," Ms. Leta said. "When we talk to local citizens in Middlesex and Mercer counties, they want more protection for open space and to reduce traffic. They don’t need more sprawl, traffic and even faster development. Gov. McGreevey needs to do the right thing and veto this bill."