newjerseynewsroom.com

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

Despite strong opposition from local officials and environmentalists, the New Jersey state Senate Thursday approved legislation that allows developers to file an application to be exempted from changes in municipal building ordinances or zoning.

Under the current law, developers must have preliminary approval, which includes a public hearing, on an application in order to be exempted from changes. Under the bill (S-82), incomplete or inaccurate applications would still be protected, allowing a developer immunity from any land use planning changes.

The Assembly version (A-437) is scheduled for a floor vote on Monday. The Senate version is sponsored by Sen. Ronald Rice (D-Essex) and Sen. Jeff Van Drew (D-Cape May).

The Sierra Club of New Jersey is among a long list of environmental organizations that oppose the measure. It is also opposed by the New Jersey State League of Municipalities and planning officials.

"This bill is dumb growth and a giveaway to developers at the expense of the environment and good planning, said Jeff Tittel, Sierra Club director. "It undermines the rights of citizens and local governments to protect natural resources and determine the future growth of their communities."

Tittel maintains the legislation allows developers to file building applications and then sit on them for years, even decades. He said municipalities that attempt to redo their master plan or craft ordinances promoting smart growth and protecting natural resources will be blocked from making progress under this bill.

"This bill is another way for developers to get around the public process and override the voice of citizens in towns who are trying to do right thing by supporting smart growth and natural resource protection," Tittel said.

Tittel said the bill would prevent implementation of the State Plan, the Highlands Plan, transit villages, cluster development and changes in the Pinelands. The measure is the 11th out of 15 bills builders have been pushing in the Legislature.

Rice maintains the bill is designed to prevent local officials from seeking to amend a local ordinance as a means of blocking a specific project.

"Builders deserve fairness and predictability when approaching a project," Rice said. "Local officials should not be allowed to use ever-changing rules and ordinances as a back-door way of preventing an approved project from going forward. Builders already must carefully tailor their plans to meet a litany of local rules and regulations. Allowing the rules to change mid-game would only place another damper on New Jersey's economic climate and could prevent much-needed urban revitalization projects from ever getting off the drawing board."