August 24, 2005

Gary Brower, Esq.
Attn: DEP Docket No. 18-05-06/161
Office of Legal Affairs
Department of Environmental Protection
P.O. Box 402
Trenton, New Jersey 08625-0402

RE: Proposed Green Acres Rules

Dear Mr. Bower:

At the unanimous request of the East Windsor Township Council, I am forwarding comments on the proposed Green Acres rules as published in the July 5th New Jersey Register.

The proposed rules go far beyond the hearing requirements currently contained in State law. The State law requires at least one public hearing to be held at least 90 days prior to final approval of the action contemplated by the local governmental unit that is subject to review. The Commissioner of DEP is to be provided with 30 days advance written notice of any public hearing. In addition, the Commissioner is also to be noticed within 90 days of final approval by the local governmental unit and proof is to be submitted that a public hearing was held. The Commissioner is also to be noticed within 90 days after the activity contemplated is completed. The proposed rules, on the other hand, have additional requirements above and beyond those set forth in State law. For example, the proposed rules require of the municipality the following:

1. The hearing must be held on a weekday in the evening.
2. A transcript of the public hearing must be submitted to DEP.
3. A notice of the hearing must be posted on its official web site.
4. Written notice must be provided to the planning board and environmental commission.
5. Notify via certified mail (return receipt requested) all persons who own land or who hold easements on land located within 200 feet of the area of parkland.
6. Post a sign on the parkland.
7. Publish a display advertisement 15 days prior to the hearing.
8. Provide proof that the additional hearing notice requirements required under the proposed rules were also complied with.
   

The proposed rules appear to be cumbersome, expensive and exceed the requirements in the State law, and apply as well to unfunded parkland. The proposed rules usurp local prerogatives on how and when to conduct public hearings and provide notice of the hearing as currently required by State law. No legislative authority is cited for rulemaking in an area already covered by State legislative action.

Please consider the above comments on the merits of this proposed rule. Thank you for your consideration.

Sincerely,

JANICE S. MIRONOV
Mayor

AMF/gjd

c: East Windsor Township Council Members
Alan M. Fisher, Township Manager