WHEREAS, it is the
law and policy of the State of New Jersey to promote smart growth and
to reduce the negative effects of sprawl and disinvestments in older communities;
and
WHEREAS, the State
Legislature has declared that New Jersey requires sound and integrated
Statewide planning and the coordination of Statewide planning with local
and regional planning in order to conserve the State's natural resources,
revitalize its urban centers, protect the quality of its environment,
and provide needed housing and adequate public services at a reasonable
cost while promoting beneficial economic growth, development and renewal;
and
WHEREAS, significant
economies, efficiencies and savings in the development process would be
realized by private sector enterprise and by public sector development
agencies if the several levels of government would cooperate in the preparation
of and adherence to sound and integrated plans; and
WHEREAS, it is in
the public interest to encourage development, redevelopment and economic
growth in locations that are well situated with respect to present or
anticipated public services and facilities, giving appropriate priority
to the redevelopment, repair, rehabilitation or replacement of existing
facilities and to discourage development where it may impair or destroy
natural resources or environmental qualities that are vital to the health
and well-being of the present and future citizens of this State; and
WHEREAS, a sound
and comprehensive planning process will facilitate the provision of equal
social and economic opportunity so that all of New Jersey's citizens can
benefit from growth, development and redevelopment; and
WHEREAS, the State
Planning Commission is charged with overseeing a cooperative planning
process that involves the State, county and local governments as well
as other public and private sector interests to enhance prudent and rational
development, redevelopment and conservation policies and the formulation
of sound and consistent regional plans and planning criteria and providing
local governments in this State with the technical resources and guidance
necessary to assist them in developing land use plans and procedures which
are based on sound planning information and practice, and to facilitate
the development of local plans which are consistent with State plans and
programs; and
WHEREAS the State
Development and Redevelopment Plan, commonly known as the "State Plan,"
embodies the State's official land use and development policies, to guide
public investment, infrastructure development, economic growth, urban
revitalization, sound housing and transportation policy, agriculture promotion
and preservation, energy policy, and preservation of natural, environmental,
coastal, historic and cultural resources; and
WHEREAS, despite
these efforts, New Jersey still suffers the effects of poor land use planning
and decision-making such as increased commuter times, loss of open space,
loss of natural resources, declining property values in distressed areas,
increasing property taxes, escalating State costs associated with aiding
distressed municipalities and supporting sprawling development.
WHEREAS, the principles
of smart growth would focus new growth into redevelopment of our older
urban and suburban areas, protect existing open space, conserve natural
resources, increase transportation options and transit availability and
reduce automobile traffic and dependency, stabilize property taxes, and
provide affordable housing; and
WHEREAS, plan endorsement
-- meaning a process by which the State Planning Commission certifies
consistency between municipal or regional planning and the State Plan
- offers the potential of fostering municipal and regional implementation
of the principles of smart growth; and
WHEREAS, various
State agencies, including independent authorities and bi-state agencies,
have not maximized the potential of incorporating the fundamental elements
of the State Plan and the general principles of smart growth into their
functional plans or regulations;
NOW, THEREFORE,
I, JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
-
To ensure that
State agencies incorporate the principles of smart growth and the
State Plan into their functional plans and regulations, there shall
be created in the Office of the Governor a Smart Growth Policy Council.
-
The Council
shall consist of the following: the Secretary of Agriculture; the
President of the Board of Public Utilities; the Treasurer; the Chief
Executive Officer of the Commerce and Economic Growth Commission;
the Commissioners of the Departments of Community Affairs, Education,
Environmental Protection, and Transportation; the Executive Directors
of New Jersey Transit, and the Economic Development Authority, and
the Chief of the Authorities Unit. The Council shall be chaired by
a senior policy advisor from the Governor's staff. The chairperson
shall be supported by appropriate planning staff as needed from the
various executive departments.
-
The Council shall
meet bi-monthly or as needed.
-
The Council shall
have the following responsibilities, powers and duties:
-
Develop and
implement inter- and intra-departmental procedures and programs
to assure that State agency functional plans, programs, and projects
are consistent with and serve to the principles of smart growth
and implement the State Plan.
-
Recommend legislative
and administrative changes to advance the principles of smart growth
and the State Plan.
-
Ensure that
State grants, incentives or other funding issued to promote economic
activity or otherwise by any agency promote consistency with the
principles of smart growth and the State Plan.
-
Ensure that
State transportation and infrastructure spending and regulation
are consistent with the principles of smart growth and the State
Plan.
-
Ensure that
school construction initiatives promote smart growth, open space,
and revitalization of communities.
-
Coordinate
and consolidate State redevelopment initiatives especially those
involving Brownfields to reduce points of entry for municipalities
and
developers.
-
Provide an
interdepartmental venue for resolution of conflicts regarding specific
private and public sector projects that would either advance or
undermine the implementation of the State Plan, and to expedite
projects that would serve to implement the Plan.
-
Develop initiatives
to assist local government and communities to achieve smart growth
objectives.
-
Review water
resource capacity in the State to reduce conflicts between development
and the protection of water and natural resources.
-
In cases of
statewide significance involving the integrity of the State Plan and
the goals of smart growth, the State Attorney General is hereby directed,
in consultation with the Smart Growth Policy Council, to defend and/or
intervene on behalf of municipalities, counties or regional planning
entities that have adopted plans that have been endorsed by the State
Planning Commission or that are consistent with major smart growth
objectives.
-
Prior to the
adoption, amendment or repeal of any rule adopted pursuant to Section
4(a) of the Administrative Procedure Act, each agency shall include
a Smart Growth Impact Statement, which shall describe the impact of
the proposed rule on the achievement of smart growth and implementation
of the State Plan. The Smart Growth Policy Council shall also recommend
guidelines for the state agencies to regularly review and consider
the smart growth impacts of their major actions.
-
The agencies
represented on the Council shall undertake a review of their respective
spending programs and rules and regulations to ensure that their actions
are consistent with the principles of smart growth and the State Plan
and report to the Council on their findings.
-
This Executive
Order shall take effect immediately.
GIVEN under my hand and seal, this
Thirty First day of January in the Year of
Our Lord, Two Thousand and Two and
of the United States, the Two Hundred and
Twenty-Sixth.
s/ James E. McGreevey
GOVERNOR
(Seal)
Attest:
/s/Paul A. Levinsohn
Chief Counsel to the Governor