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Hon. James McGreevey
Governor, The State of New Jersey
The State House
P.O. Box 001
Trenton, NJ 08625-0001

Re: Conditional Veto of S1368/A3008: Permit Streamlining in Smart Growth Areas

Dear Governor McGreevey:

RPP understands the need for permit streamlining. We were there for a developer of a new town center project in Mercer County, deemed consistent with Smart Growth by the State Planning Commission and which has attracted several state and national awards - including RPP's own annual Community Development Award. When this town's center is completed and the township's master plan is built out, there will be less impact on the environment, traffic and natural resources and farmland than the previous suburban zoning would have produced. In spite of all this, the developer has waited over five years for permits that are needed from state agencies to complete the project.

This project, and others like it, deserves permit reform. For over 30 years, the Regional Planning Partnership (RPP) has advocated reforms of land use regulations, including permit streamlining, to achieve Smart Growth outcomes. But a new bill, Permit Streamlining in Smart Growth Areas, passed by the Legislature last week, will undoubtedly streamline permits, but it will not lead to Smart Growth.

As the first state in the nation to face build-out at suburban densities, with the traffic, pollution, and urban distress that goes with it, New Jersey needs Smart Growth, too. We can't afford to have one without the other.

The prime weakness of the bill is that it defines Smart Growth area as a large section of the state, areas designated as the Metropolitan and Suburban Planning Areas. But just being inside the boundary in this area will not produce Smart Growth.

Smart Growth is judged by its outcomes more than its location. That is why the State Plan includes, not just a map, but goals, policies, objectives and targets as well. Smart Growth must result in development that will:

It is only in places with an Endorsed Plan approved by the State Planning Commission, where state, county and local governments have agreed that the plans, regulations and investments of all levels of government will result in Smart Growth outcomes:

For this reason, I ask you to conditionally veto the bill. The following conditions will ensure that the bill lives up to its name - delivering Smart Growth as well as permit reform:

1) Limit "Smart Growth" areas to those with Plans endorsed by the State Planning Commission. Only in these areas have all levels of government agreed with the expected outcomes of the plan. In this way, all parties can ensure that their statutory requirements are met before a developer needs a permit to implement the plan.

2) In order to ensure that Endorsed Plans will produce these results, require the State Planning Commission to adopt clear standards and targets in their Endorsement Guidelines to provide a basis on which to determine whether a rule or a project is consistent with Smart Growth.

3) Provide an expedited timetable, meaningful resources and other incentives to counties and municipalities to ensure that their plans are endorsable, Endorsed and implemented.

RPP recognizes that governments, not builders and businesses, are responsible for the fact the existing plans and regulations are not good enough to be expedited through a permit-streamlining program. We recognize that it is a disadvantage to builders and businesses to have to wait for Endorsed Plans. Therefore, it is clearly necessary that you must provide the schedule and resources to get the Endorsed Plans in the shortest possible timeframe.

Thank you for attention to our views.

Yours sincerely,


Dianne R. Brake
President

CC: Hon. Susan Bass Levin, Commissioner, Department of Community Affairs
Hon. Jack Lettiere, Commissioner, Department of Transportation
Hon. Bradley Campbell, Commissioner, Department of Environmental Protection