NJLM - Statement on the Highlands Task Force Report

Statement on behalf of the New Jersey State League of Municipalities
On the Highlands Task Force Report
Before the Joint Meeting of the Senate and Assembly Environment Committees
Monday, March 22, 2004
Committee Room 16
State House Annex
Trenton, New Jersey

Good morning, Chairmen Smith and McKeon, and members of the Committee. My name is Michael Cerra, and I speak today on behalf of the New Jersey State League of Municipalities and the League's ad-hoc Highlands Advisory Committee, chaired by former Tewksbury Mayor and the current President of the New Jersey Planning Officials, Thomas Kenyon.

First, the League thanks and commends the Task Force members, who have served a huge public good. I would like to especially thank the members of the Task Force who represented municipal governments, particularly Mayors Eileen Swan and Frank Van Horn. We also commend Curtis Fisher of the Governor's Office, whose outreach and professionalism in this matter has been second to none. We are pleased that the concerns of local governments were heard and addressed by the Task Force.

The League of Municipalities is in a unique and difficult position. As the voice of local government and primary advocate for home rule, we have an obligation to look after the interests of our municipal governments and taxpayers. Achieving consensus, however, amongst a group of over 90 very diverse municipalities is no easy task. There will surely be issues on which members of the municipal family will agree to disagree. In response to the Task Force report and in anticipation of the forthcoming legislation, however, the League's Highlands committee has reached consensus on a number of points. This list may not be exhaustive and we certainly will have more to say once we see the legislation. But today I can offer you a brief synopsis our concerns.

First, the map delineating the core areas is the key. We ask that the map be delineated explicitly in narrative form in the legislation and that all Highlands municipalities be provided with a map for comment and review. This should be done sooner, rather than later, thus allowing municipalities and counties the opportunity to correct the map where necessary or provide more detailed information.

Second, if the State does indeed create a regional board for the Highlands, the majority of the membership must be local officials from the Highlands. Many of us, me included, are later-comers to this debate. It is the local officials, whether it be elected governing body members or appointed members of land use boards, who have gone to bat for the Highlands for years. We appreciate that the Task Force recognized and recommended that a majority of the regional board be local officials. Furthermore, a Mayor's Advisory Council to the regional board should be created and it should have input into all appointments to the Board.

Third, critics of the Task Force's recommendations argue for mandating growth areas outside the core. The League disagrees with these critics and applauds the Task Force for resisting this concept. Forcing development, irrespective of the ability to host such development or contrary to the local planning vision runs contrary to the intent of the Task Force's recommendations, to the spirit of home rule and undermines the principles of smart growth and sound planning.

Fourth, previous State commitments, such as existing State Planning Commission center approvals and on-going planning initiatives must be honored and, when appropriate, grand-fathered. Local governments that have invested time and money in planning initiatives should not be expected to start the whole process all over again.

Fifth, municipalities that lose tax ratables must be made whole. Financial commitments must be made so that:

Land acquisition is fair and equitable. Out of fairness to land owners, a date should be locked in for the value determination of the land which predates any diminished value caused by the Task Force report;
Offset aid, or what we term "preservation aid" be dedicated revenues; and
Additional aid must be provided for planning and technical assistance. For instance, a municipality that recently completed its master plan re-examination should be fairly compensated for having to do it again. Furthermore, earlier in my testimony I made reference to critics who assert that mandated growth, or, as we see it, mandated sprawl, should be required outside the core. This short-sighted strategy will backfire on us. Instead, the State should rededicate itself to assist municipalities in preparing downtown revitalization and growth areas, such as the "smart growth grants" and further encourage municipalities to invest in their downtowns and growth centers. Looking at the long-term, this is as important as the preservation aid and hold-harmless funds.

From a more macro viewpoint, local governments are entitled to know how the proposed regional board will interact with existing planning bodies at the municipal, county and State levels. For instance, in the upcoming months municipalities will tackle a number of planning initiatives, including but not limited to cross-acceptance and "plan endorsement", that is the voluntary comparison of local plans to the State Plan. This is in addition to the ongoing planning issues that confront municipalities, such as the provision of affordable housing. Municipalities have participated in two rounds of cross-acceptance, have sought "center designations" and have worked with local, county and the state governments to implement sound planning policies. Now, as we embark on the next round of cross acceptance, Highlands municipalities are entitled to know how the regional board that is proposed will interact with the State Planning Commission and existing planning bodies at the county and municipal levels.

Furthermore, Highlands municipalities are entitled to a full explanation as to the regulatory processes within and outside the core. This includes DEP, DCA and any other appropriate agency.

Lastly, any policy to preserve the Highlands will not work without the State providing the benefits and incentives referred to by the Task Force. These benefits can also serve as incentives for municipalities outside the core. For too long, developers have outgunned municipalities that have proactively attempted to preserve vital natural resources. The State must step to the plate and provide benefits such as a legal shield, impact fees, and timed-growth.

Later today, the State Senate is scheduled to vote on S-1287, sponsored by Senators Adler and Bark. This will authorize municipalities to enact transfer of development rights programs, commonly referred to as TDR. The League has long advocated TDR and is pleased that the State Legislature is on the verge of providing this tool for smart growth and sound planning. We hope it is not the only such tool provided to municipalities within and outside the Highlands.

Mr. Chairmen, I thank you for the opportunity to provide this overview. The League recognizes the importance of the issues with which we deal. We will be an active participant in this process and stand ready to serve as a resource and partner with you.

Land acquisition is fair and equitable. Out of fairness to land owners, a date should be locked in for the value determination of the land which predates any diminished value caused by the Task Force report;
Offset aid, or what we term "preservation aid" be dedicated revenues; and
Additional aid must be provided for planning and technical assistance. For instance, a municipality that recently completed its master plan re-examination should be fairly compensated for having to do it again. Furthermore, earlier in my testimony I made reference to critics who assert that mandated growth, or, as we see it, mandated sprawl, should be required outside the core. This short-sighted strategy will backfire on us. Instead, the State should rededicate itself to assist municipalities in preparing downtown revitalization and growth areas, such as the "smart growth grants" and further encourage municipalities to invest in their downtowns and growth centers. Looking at the long-term, this is as important as the preservation aid and hold-harmless funds.