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An unusual alliance of local government officials and environmental activists has united in an attempt to defeat legislation they charge would undermine local planning and environmental priorities.
The measure (S-82) is scheduled for a vote by the full Senate on Thursday. The Assembly version (A-437) could be voted on as early as next week.
This legislation, which is sponsored by Senators Ronald Rice (D-Essex) and Jeff Van Drew (D-Cape May), is being pushed by development interests, would allow a developer to freeze local zoning and land use ordinances by the submission of an application.
The bill would eliminate the time of decision rule at the local level and instead apply a time of submission standard. The time of decision rule is a judicially recognized principle that decisions are to be made on the basis of the laws, ordinances and regulations in effect at the time the decision is rendered. The rule was created out of judicial respect for the separate powers vested in legislative bodies to make laws.
"This could not come at a worse time,'' said William G. Dressel, New Jersey State League of Municipalities director. "Right now, the Legislature and the administration are advancing reforms to COAH (the state Council on Affordable Housing) and the Fair Housing Act, the most challenging land use issue faced by municipalities, as well as potential changes to the state plan and DEP (environmental) regulations. So while reform and changes are being carefully crafted, developers are hoping to rush through changes at the expense of taxpayers and the public good.""Environmentalists and municipal leaders agree. This bill prevents the use of the latest data to protect communities, their citizens, and our environment as developers play beat the clock and rush in applications before zoning changes,'' said David Pringle, campaign director for the New Jersey Environmental Federation. "Towns can't plan ahead perfectly, mistakes are sometimes made, and the data's always evolving. Current law permits needed changes in midstream in a fair manner and should remain unchanged. Protecting public health, safety, and even future developers trumps existing developers' profits and this bill should be rejected.''
Woolwich Mayor Joe Chila said his town is considered a model to follow for planning and for transfer of development rights.
"The process our community went through with the State Planning Commission was long and expensive but ultimately beneficial,'' Chila said. "Our hard work, however, could have been undone if S-82 were in place. This bill could prevent towns from following our example, and that would be most unfortunate."
Sandy Batty, Association of New Jersey Environmental Commissions director, said, "Under this bill, simply filing a development application, even if it is incomplete or inaccurate, will protect the builder from any land use regulation changes. It will circumvent any improvements to municipal zoning, such as protecting local environmental features like forests, streams, or wellhead protection areas, or requiring energy efficient measures, or implementing progressive steps recommended by master plan updates."
The New Jersey Conservation Foundation, the New Jersey Planning Officials, and the New Jersey Sierra Club also oppose the bill.
– TOM HESTER SR., NEWJERSEYNEWSROOM.COM
