Anti-Sprawl Bill Clears the Legislature

While the legislature is considered to be a centerpiece of the governor's anti-sprawl campaign, it was a coalition that included environmentalists, property owners, local officials, developers and others that got the measure done. It's based on a pilot program already in place in several communities in South Jersey's Burlington County.

"Communities will no longer be powerless to stop developers or to steer development," according to McGreevey administration spokesman, Micah Rasmussen, speaking to reporters after the vote.

Some in the development community might say that communities have had little problem tying up development, given New Jersey's reputation for high barriers to entry. In any case, the legislation does benefit communities that stood to lose control over their own destiny with the McGreevey administration's now-withdrawn anti-sprawl map of last year. A number of local officials had expressed concern that their ability to generate ratables would be compromised by a red-zone (no development) designation by the state.

Under the terms of the new legislation, a developer would pay the owner of a greenfield site for the development rights to that site. But that site would remain undeveloped, with those development rights effectively transferred to community-designated sites closer to existing infrastructure and development.

In effect, a developer would pay the owner of the greenfield site not to develop it. Builders would still have development options, and community officials would have a means of implementing local growth management plans. One expected benefit for developers could be relaxed zoning regulations.

In its final version, the bill also addressed one of the development community's objections relating to economic impact. An economic assessment by third-party consultants will be required for any such transaction.