| Title Expedited Approvals Will Cause Rampant Development in Region |
| © Express-Times |
| By Terrence Dopp |
| August 25, 2004 |
Trenton - Gov. James E. McGreevey may be on his way out of office, but environmentalists are refusing to let up opposition to his so-called fast track initiative.
That law, which McGreevey enacted this summer, guarantees developers 90-day rulings on applications and building permits in exchange for higher fees. It would also allow one person to have veto power over land use decisions for 1.5 million acres statewide.
McGreevey, who has announced he is gay and will resign Nov. 15, has until a week before his planned departure to finalize parameters of the law.
"Fast track is worse than advertised," said Doug O'Malley, clean water advocate for New Jersey Public Interest Research Group, one of more than 50 organizations comprising the Save New Jersey Coalition, which is currently drafting a legal challenge to the bill. "The more the public learns about this, the more they learn it's a raw deal for them."
The Save New Jersey Coalition includes the Sierra Club, New Jersey Environmental Federation and the Audubon Society. Together, members said the group totals 300,000 in the Garden State.
Group members unveiled a Web site at the meeting featuring interactive maps of targeted areas to increase public awareness; the map is posted at http://www.savenj.net.
The coalition's first of several constitutional challenges to the law is expected to be filed in September, members said Tuesday during a news conference. Environmentalists estimated the series of planned lawsuits could take three to five years to complete and cost more than $100,000.
Supporters contend the law will bring certainty to a process full of uncertainty and will direct new housing and commercial development designated smart growth areas. Those opposing it said it subverts the authority of local planning boards and environmental commissions.
Under its guidelines, the departments of Environmental Protection, Community Affairs and Transportation will need to certify permit applications as complete within 45 days of receiving them. The three departments then have 45 more days to take public comment on all requests and issue a ruling on them.
"There are issues that remain and will have to be worked out either through regulation or remedial legislation," said William Dressell, executive director of the New Jersey League of Municipalities, who denies claims the bill will wrest power from local governments. "We would be the first to vehemently object to it if half of what is being purported is true."
In Northwest New Jersey, the law will mean expedited approvals to build in areas sitting just outside the 145,000-acre core preservation area designated in the Highlands bill, according to environmentalists. They cite the Phillipsburg region - including Greenwich and Lopatcong townships - as places likely to see increased construction.
Detractors accused McGreevey of rushing the plan into law as payback to developers after the Highlands Water Management and Planning Act was signed into law.
They also called for the state agencies to soften any adverse impacts while crafting the final rules for the fast track legislation. They contend failure by short-staffed agencies to meet the deadlines will mean automatic approvals and result in a rash of building statewide.
"As an ex (federal Environmental Protection Agency) lawyer, I don't get it," said George Hawkins, chairman of the New Jersey Council of Watershed Associations. "The ability to be very protective is directly correlated to the amount of time you have to review (applications) and ask questions."
DEP spokeswoman Erin Phalon said the agency will listen to coalition members when crafting the final rules.
"The DEP will stick to the 120-day time frame as mandated by the legislation and environmentalists certainly will have an opportunity to participate in the rulemaking process," Phalon said.
One provision of the law that has drawn the heaviest fire is a plan to allow developers to hire private consultants to certify their applications complete.
While several states have similar laws, New Jersey's is the only one allowing applicants to hire their own consultants to review applications for the DCA, according to Jeff Tittel of the Sierra Club.
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Terrence Dopp is Trenton correspondent for The Express-Times. He can be reached at 609-292-5154 or by email at tdopp@sjnewsco.com.