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Property Owners and Developers Alert: State Planners Propose Further Growth Reductions
by John Tatulli, Esquire
Recently proposed changes to the Preliminary State Plan Policy Map are of critical concern to developers and other landowners throughout New Jersey. Last month, the State Planning Commission endorsed a set of environmental updates that seek to designate over 90,000 acres, or 18% of the state's undeveloped land, from Planning Areas 1, 2 and 3, to Planning Areas 4 and 5 (ãnon-growthä areas). The Office of Smart Growth (OSG) recommended the changes to the Commission based upon Department of Environmental Protection (DEP) studies ostensibly showing additional areas that should be considered for non-growth classifications during the State Plan ãcross-acceptance process.ä
The State Plan Policy Map changes will have a critical impact on development for a number of reasons. First, the proposed changes seek to increase the amount of ãcritical environmental sitesä (CES) in all planning areas, which will cause many areas already designated for growth to be reclassified as non-growth. This may preclude sewer or public water for the sites. Second, the proposed changes to designations are designed to steer development away from areas near streams, reservoirs and potential endangered species habitat, making it even more difficult to obtain permits in such areas. Third, the changes will reinforce the growing reliance by agencies (such as DEP and BPU) on the State Plan as a guideline for implementing land use regulations. The changes may also encourage municipalities to downzone such properties. Therefore, it is critical that developers and other property owners pay close attention to the proposed changes to the Preliminary Policy Map as the cross-acceptance process continues. A summary of the proposed changes is available on the OSG website: http://www.nj.gov/dca/osg/resources/maps/newcagis.shtml
According to the cross-acceptance schedule published by OSG, municipal, county and regional representatives have already begun examining the proposed changes in certain counties. Inter-agency staff meetings that will include state agency representatives are scheduled for the next round of discussions. By regulation, the public will have an opportunity to comment on the proposed map changes, but this will not occur until the final stages of cross-acceptance when many of the most important policy decisions will already be decided. For this reason, developers and other property owners are well-advised to acquaint themselves with the legal consequences of these map changes immediately and take all available steps, at the local, county and state levels, to advocate favorable State Plan designations for properties in which they have an interest. Hill Wallack stands ready to assist those with a stake in the outcome. Please contact Thomas F. Carroll, III, Esq., or Kenneth E. Meiser, Esq., for more information.
This article provides information of general interest and is not intended, and should not be used, as a substitute for consultation with legal counsel. Any questions regarding the specific issues raised in this article should be directed to John Tatulli, Esq. (609) 734-6313 or by email: info@hillwallack.com
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