Elected officials say ‘fast-track’ means less development oversight.
By: Josh Appelbaum
Local elected officials and community board members say there is a problem with the development approval process, but most don’t think "fast-track" legislation enacted last year is the right fix.
That’s why many are supporting a bill sponsored by 14th District Assembly members Bill Baroni and Linda Greenstein that would repeal the "fast-track" law.
The Association of New Jersey Environmental Commissions has come out against the "fast-track" law, which passed in the Legislature in July and was signed into law by former Gov. James McGreevey on July 9. The governor signed an executive order placing a seven-month moratorium on the law on Nov. 5, 10 days before leaving office, that will expire on June 30.
Locally, the Cranbury Environmental Commission is opposed to the "fast-track" law and has drafted a resolution seeking its repeal.
Members of the Environmental Commission in Monroe also are opposed to the "fast-track" law, though the commission has not taken official action. And several South Brunswick officials have raised concerns.
The "fast-track" law targets "smart growth" corridors along Routes 1, 27, 195 and 295 and the N.J. Turnpike. It streamlines certain permitting in the "smart growth" areas, requires the state to decide on environmental and building permits within 45 days of application and establishes the position of "Smart Growth" ombudsman.
Acting Gov. Richard Codey recently appointed Old Bridge Township Councilman Patrick Gillespie, a former deputy director of the Senate Democrats’ office, as ombudsman.
The "fast-track" law is supported by both the New Jersey Chamber of Commerce and the New Jersey Builders Association saying it gives developers certainty and predictability on projects. The chamber says that without the "fast-track" legislation, applications will continue to languish in the environmental and building approval process.
The law is opposed by ANJEC and most major environmental groups, including the Sierra Club. They say they "fast-track" law will result in less oversight of development. They say it was a trade-off so that the state could enact tougher restrictions on building in the northwestern New Jersey highlands area.
Mr. Baroni, a Hamilton Republican whose district includes Cranbury, Monroe and South Brunswick, said the streamlined rules included in the "fast-track" law could affect local ability to preserve open space. He said the 45-day time limit on approvals and creation of a state ombudsman were the wrong way to approach development issues.
"I’m always concerned when somebody says ‘don’t worry about it, everything’s going to be fine,’ and I do think we need to do things to encourage growth in New jersey," Mr. Baroni said. "But setting a setting 45-day time limit and creating a czar isn’t the answer. Open space is disappearing in New Jersey, and the last thing we should do is take away our ability to protect the environment."
His legislation, sponsored with Plainsboro Democrat Linda Greenstein, would repeal the fast-track law. It also would prevent the creation of the ombudsman position and new divisions of Smart Growth within the state departments of Environmental Protection, Transportation and Community Affairs.
Michael Egenton, New Jersey Chamber of Commerce’s assistant vice president of government relations, said the chamber is lobbying to lift the moratorium and opposes any amendments to the law.
"The law we supported gave a lot of our members the certainty and predictability they desire," Mr. Egenton said. "Time and money is of the essence with any project and, in areas of smart growth, developers want to know approvals will come through with predictability. Without that, developers will say ‘why waste our time,’ and we’ll lose (business), probably to other states."
Mr. Egenton says the "fast-track" law would only target strategic smart growth areas, such as the commercial and industrial areas around N.J. Turnpike Exit 8A. He acknowledged there might be some "trickle effect" on surrounding municipalities, the local planning and zoning boards would make the most important decisions regarding their growth.
"They will be able to control where they want growth, and coordinate their efforts with surrounding, contiguous communities," he said.
Monroe Township Engineer Ernie Feist supports a streamlined process but is skeptical that there is enough infrastructure in place at the state and regional level to handle the workload.
He said a coordinated approval process that would replace overlapping reviews from several authorities would be a good thing for municipalities like his.
"New home construction has kept the New Jersey economy afloat in the late 1990s and early 2000s," Mr. Feist said. "Speaking as a municipal engineer not as a legislator or a politician the approval process can drag on. Multiple agencies review applications and it can satisfy one agency and not another you’re dealing with agencies that have competing jurisdictions."
At the same time, he said, agencies like the Department of Environmental Protection, the Freehold Soil Conservation District, Delaware and Raritan Canal Commission and state Storm Water Management division of the DEP may not be able to handle more applications.
"I think they are already overwhelmed with work," Mr. Feist said. "I don’t think they have enough staff to move the review process along."
Joe Montanti, chairman of the Monroe Environmental Commission, said agencies like the DEP that have absorbed budget cuts in recent years are already overburdened. Handling more cases in shorter time frames without significant funding increases and additional staff will do a lot of damage to the environment, he said.
"New Jersey is not dragging its feet with development," Mr. Montanti said. "The developers want to get approvals, and make their money more quickly, and then they will move on. We can’t put development ahead of the environment and the health of our residents."
South Brunswick Township Planner Craig Marshall also views the new deadlines as unrealistic. He believes state agencies will see a flood of applications.
"The time constraints are way too short," Mr. Marshall said. "Some applications will be approved over-the-counter by running out the clock."
Cranbury Township Committeeman Richard Stannard, who also serves on the Planning Board, agrees. He said he fears Cranbury could see "development by default," and said the planning and zoning boards have curbed development in Cranbury by carefully reviewing development applications.
"The township is constantly fighting battles with developers to the extent that is difficult to do proper due diligence," Mr. Stannard said. "Not only will the law shorten the time for a town for approvals, but we will have very little time to react."
South Brunswick Township Councilman Charles Carley, an engineer and former member of the Planning Board, said believes Mr. Gillespie would not be a "rubber-stamp" for applications, but he is concerned that the fast track law would override the local approval process, and supercede local planning and zoning board approvals.
"Pat Gillespie is a thoughtful fellow," Mr. Carley said. "But local planning board and other agencies serve a purpose and the law shouldn’t override the normal institutions."
Peter Sibley, chairman of the Cranbury Environmental Commission, said the "fast-track" law will affect "a significant portion of the township in the commercial area."
"It expedites permitting in certain areas and bypassing the usual processes by which (the Environmental Commission) would do reviews on environmental issues," Dr. Sibley said.
Mr. Montanti said the fast track law was passed as a concession to developers after the Highlands Act was approved, and said it would put townships like Monroe that have seen significant residential development at a distinct disadvantage.
"I looked at it and I cringed," he said. "My concern and that of other environmentalists is that the law doesn’t have the right amount of controls and oversight."

