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					 REPORT
 WINTER 2003




In This Issue:
 3   What’s Ailing Us? The Sprawl-Health Connection

 5   Smart Growth Updates

 6   Local Environmental Achievements

 8   The New Faces of the State Plan

10   The Taking Issue: Redux

13   Environmental Protection Law - Top Ten for 2002

14   ANJEC in the City

15   Resource Center

16   Book Reviews

17   ANJEC Report Index
                         Director’s                               developed a brochure and display about nonpoint source
                         Report                                   pollution for residents and school children. ANJEC has
                                                                  sample brochures and other information to help you help
                                                                  your town implement an education program.
                                                                     As part of the NJPDES permit, local governments will
  Opportunity to Improve Water Quality                            have to map stormwater outfalls and establish a schedule
                                                                  for regular inspection of the pipes to detect illicit dis-
     The stormwater permitting and management regulations
                                                                  charges, such as domestic sewage, industrial waste, or leaks
  proposed by the NJ Department of Environmental Protec-
                                                                  from the sanitary sewer system. The Moorestown
  tion this January aim to reduce pollution in our waterways
                                                                  (Burlington) Environmental Advisory Committee has
  by requiring the involvement of the state’s municipalities.
                                                                  already done this mapping using GPS (global positioning
  Known as Phase II Stormwater Regulations, the new rules
                                                                  system) to pinpoint the location of all outfall pipes. Other
  implement the federal Clean Water Act by requiring
                                                                  commissions may be able to borrow GPS equipment from
  municipalities to get New Jersey Pollution Discharge
                                                                  nonprofit organizations or county planning departments.
  Elimination Systems (NJPDES) permits for their storm sewer
                                                                     Environmental commissions also have helped their local
  systems.
                                                                  department of public works in reducing nonpoint source
     Under these permits, municipalities must take steps to
                                                                  pollution. The Mountain Lakes (Morris) Commission
  lessen the impacts of stormwater on our surface and ground
                                                                  worked with its DPW to implement good housekeeping
  water supplies. The US Environmental Protection Agency
                                                                  practices at the public works yard and on municipal streets.
  has found that nonpoint pollution from stormwater is the
                                                                  These include covering road salt and sanding materials,
  greatest threat to our nation’s waterways. Water from rain
                                                                  regular street sweeping, periodic and regular cleanout of
  or melting snow runs off the land, carrying contaminants,
                                                                  stormwater facilities and scheduled maintenance of
  that pollute streams, rivers, lakes, reservoirs and aquifers.
                                                                  stormwater catch basins and conveyance structures.
  The pollution can make water unhealthy for swimming,
                                                                     ANJEC is ready to help you help your town implement
  cause lakes to bloom with weeds and contaminate drinking
                                                                  its Phase II permit; give us a call.
  water. As we pave over the land, stormwater runoff travels
  at increased velocity, causing greater erosion and less
  infiltration of the water into the soil.
     As part of their NJPDES permits, municipalities will have
  to adopt stormwater plans and ordinances to limit storm-                                                           Executive Director
  water impacts from new development. To address
                                                                  After public hearings and a 60-day comment period, NJDEP is
  stormwater from existing development, they will need to
                                                                  expected to adopt new Stormwater Management regulations
  have programs for local public education, and institute best
                                                                  this spring. To review the full text, look in the rule proposal
  management practices (BMPs) for town operations.
                                                                  section of NJDEP’s web site at www.nj.gov/dep/rules.
     Because some local governments may consider the permit
  requirements overwhelming, environmental commissions
                                                                                                                            Library Subscription $15.00
  can be an invaluable source of assistance to their munici-                                                                           ISSN 1538-0742
  palities in developing stormwater management plans,
  ordinances and programs. ANJEC’s resource paper, “Munici-
  pal Options for Stormwater Management” gives details on          REPORT
  stormwater plans and best management practices. You can          Vol. 23 / No. 1                                                            WINTER 2003
  find it on our website at www.anjec.org or you can call          566 MUNICIPALITIES ............................. ONE ENVIRONMENT
  ANJEC at 973-539-7547 for a paper copy. ANJEC also has
  examples of many commissions’ stormwater projects that           Executive Director ............................................................. Sandy Batty
  can serve as models for the Phase II permits.                    Editor ..................................................................................... Sally Dudley
                                                                   Advertising Coordinator .......................................... Margaret Davey
     Environmental commissions can also help with the public
  education and outreach for residents about nonpoint source       The Association of New Jersey Environmental Commissions is a private,
                                                                   non-profit educational organization serving environmental commission and
  pollution. Topics could include reducing the use of fertiliz-    open space committee members, concerned individuals, non-profits, and
  ers and pesticides, shade tree protection and planting, water    local officials. ANJEC’s programs aim to promote the public interest in
                                                                   natural resource preservation, sustainable development and reclamation
  conservation, recycling, composting and avoiding improper        and support environmental commissions and open space committees
  disposal of wastes. Many environmental commissions have          working with citizens and other non-profit organizations.

  already done educational programs on these are topics. The       The REPORT welcomes articles and photographs but is not responsible for
                                                                   loss or damage. Opinions expressed by guest authors do not necessarily
  Green Township (Sussex) Environmental Commission                 reflect ANJEC policy. Articles may be reprinted with permission and credit.
                                                                   Please address correspondence to ANJEC REPORT, PO Box 157,
                                                                   Mendham, NJ 07945; tel: 973-539-7547; toll-free number for members:
  Cover Photo: A once thriving farm succumbs to suburban           888-55ANJEC (888-552-6532); fax: 973-539-7713. E-mail info@ANJEC.org.
                                                                   Website: www.anjec.org.
  sprawl with a crop of multiple houses.


2 ANJEC REPORT - WINTER 2003
                                          What’s Ailing Us?
                                          The Sprawl-Health
                                          Connection
                                          Dr. Andrew L. Dannenberg, MPH, the Associate Director for Science, Divi-
                                          sion of Emergency and Environmental Health Services at the federal Centers
                                          for Disease Control and Prevention in Atlanta was the keynote speaker at
                                          ANJEC’s 29th New Jersey Environmental Congress. As a member of CDC’s
                                          livability workgroup, he is helping develop a scientific research agenda on
                                          the impacts of community design and land use on public health.

                                          ANJEC Resource Center volunteer Pam Kuhn put together the following summary of
                                          Dr. Dannenberg’s speech, “The Impact of the Built Environment on Public Health:
                                          The Sprawl - Health Connection.”



I   s there a link between how our
communities are designed and our
health? Dr. Dannenberg presented
                                          malls spreading out over landscapes
                                          as far as the eye can see. Sprawl is
                                          development that is land-extensive
some compelling arguments about           but low density, involves extensive
why this is true, and what we might       road construction and results in
do to insure that health impacts are      economic and racial homogeneity.
considered in community planning.         We need to develop new housing and
   It’s nearly impossible to watch a      commercial space as our population
news program or read a newsmagazine       grows, but the land area being
today without learning something          developed in many of our major
about factors that influence our          urban regions is growing at a pace
health. We’ve been informed about         that far exceeds the population
the risks of the food we eat, the water   growth in those areas.
we drink and a host of other contami-
nants in our air, soil or in products       What is Health?
that we come into contact on a daily        “A state of complete physical,
basis. However the concept that the         mental and social well-being and
very design of our communities, not         not merely the absence of disease
just cities with old and crumbling          or infirmity.”                             Environmental Congress Keynote Speaker
infrastructure, but new and growing                      — World Health Organization   Dr. Andrew Dannenberg
suburbs, can and does affect our
health deserves our attention.                                                         biles are also major contributors to the
   Dr. Dannenberg had three major         Health and Social Effects                    increase in ozone, which exacerbates
messages:                                 of Sprawl                                    respiratory symptoms and disease
● Community design and land use             The links between sprawl and               especially in asthmatics, children, the
   choices affect our health.             health are related to automobile             elderly and minority populations.
● Most decisions leading to urban         dependency, land use and the result-            Poor land use decisions negatively
   sprawl are made locally.               ing social processes. Automobile             impact physical activity. For instance,
● As local environmental leaders, we      dependency and increased driving             the net results of sprawl’s decrease in
   can make a difference in the health    mileage cause increased air pollution,       population density are more and
   of our community by being actively     lead to a higher number of car               longer trips in motor vehicles and
   involved in land use decisions.        crashes and more pedestrian injuries.        significant reductions in walking and
   To demonstrate what sprawl looks       In the U.S. there are 3.4 million            biking. Lack of physical activity leads
like, Dr. Dannenberg showed aerial        injuries involving 24 million vehicles       to overweight and obesity. Dr.
photos of highway cloverleaves, six       and 42,000 deaths from car crashes           Dannenberg presented some startling
lane highways clogged with vehicles,      per year, the equivalent of the crash        statistics about what happens when
and houses, condominium units, and        of a jetliner every other day. Automo-       our physical activity decreases.

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●  A sedentary lifestyle increases the     monocultures where all of the
  risk of overall mortality two to         housing necessitates a specific
  three fold, cardiovascular disease       income level. This aggravates income
  three to five fold.                      inequality, for example presenting
● The effect of low physical fitness       barriers to seniors on fixed incomes.
  is comparable to that of hyperten-
  sion, high cholesterol, diabetes, and    Smart Growth not No Growth
  even smoking.                               What can be done about the
   Obesity among US adults is grow-        problems of sprawl? One of the
ing in an alarming trend. In 1994          proposed solutions is support for
there were no states where more than       smart growth. Dr. Dannenberg
20% of the adults were obese under a       defined smart growth as a pattern of
standard definition. Just six years        regional development that:
                                           ● Protects and improves the quality
later, rates had exploded: more than
20% of the adults in 22 states were          of life for all citizens.
                                           ● Permits and promotes healthy
obese. With increased weight comes
increased risk of mortality, diabetes,       behaviors.
                                           ● Minimizes or eliminates hazards
hypertension and gall bladder disease.
   Sprawl impacts the physical activity      to people.                               Held on the 30th anniversary of the Clean
                                           ● Protects, preserves, and restores the
and health of our children too. More                                                  Water Act, the 2002 Environmental
than six million kids are severely           natural environment.                     Congress featured NJ Department of
overweight today. More than 50% of            Smart growth is not about no            Environmental Protection Commissioner
parents responding to a 1999 US            growth. It is about more transporta-       Bradley Campbell. He offered an
Healthstyles Survey found that             tion choices and less traffic, not anti-   encouraging vision for the DEP,
                                           car. It is about vibrant cities, suburbs   emphasizing the importance of smart
                                           and towns, not anti-suburban. It is        growth and water quality protection
                                           about providing a wider variety of         through predictable and clear standards.
What can be done about the problems of     choices in well-planned communities,       He also reminded the audience of the
                                           not telling people where or how to live.   extraordinary vision and importance of
sprawl? One of the proposed solutions is      Smart growth includes preserving        the Clean Water Act.
                                           the environment and creating acces-
support for smart growth.                  sible parks. Parks can help improve
                                                                                      planning and coordinate their land
                                           physical activity for adults and
                                                                                      use plans so they build strong healthy
                                           children, water quality, air pollution
                                                                                      communities with less impact to the
distance to school was a significant       and mental health. Dr. Dannenberg
                                                                                      environment. This is not an easy task.
barrier to their children walking or       believes that if we build parks, the
                                                                                      Health departments and environmen-
biking to school. Dr. Dannenberg           people will come. Surveys have
                                                                                      tal commissions need to work with
cited a new suburban development           indicated that adults are more likely
                                                                                      urban planners, transportation
where the creation of a pathway            to exercise if walking trails, parks and
                                                                                      engineers, landscape architects,
between the development and a              gyms are accessible, sidewalks present
                                                                                      developers, lenders and neighbor-
nearby school would have enabled           and scenery enjoyable.
                                                                                      hood activists and many others to
children to walk to school. Instead,          Smart growth for cities and towns
                                                                                      change detrimental land use patterns.
parents “solved” the problem by            may include:
                                                                                         We can and should measure how
seeking busing for the kids.               ● Higher density, more contiguous
                                                                                      we are doing with smart growth
   Sprawl also affects our social            development with walkable neigh-
                                                                                      initiatives. Just as environmentalists
capital, which Dr. Dannenberg                borhoods.
                                                                                      measure the health of a stream by
defined as social networking, civic        ● Preserved green spaces and other
                                                                                      counting numbers and types of fish
engagement, trust and reciprocity.           environmental amenities.
                                                                                      in a waterway, we should keep a
Since sprawl leads to more driving         ● Mixed land uses.
                                                                                      report card on smart growth by using
time, it also results in less time with    ● Balanced transportation alterna-
                                                                                      indicators such as the number of
family, friends and civic organiza-          tives (roads, pedestrian, bicycles,
                                                                                      children walking to school or the
tions. And this ultimately can affect        mass transit).
                                                                                      users of a park or trail. Environmental
our mental health and damage our           ● Economic and racial heterogeneity.
                                                                                      commissions can help improve public
sense of community. Sprawl also            ● Development and capital invest-
                                                                                      health by raising health issues as part
leads to the need for elders to change       ment balanced between central city
                                                                                      of their involvement in land use and
neighborhoods for both space and             and periphery.
                                                                                      community design.
income, if they live in communities        ● Effective, coordinated regional
that have little variety of housing          planning.
choice. Sprawl is also leading to             To achieve the goals of smart
communities with low diversity of          growth, municipalities and counties
income. Many new developments are          need to work together on regional

4 ANJEC REPORT - WINTER 2003
State Government Pushing for Smart Growth
   Over the last several months,          categories. The state will encourage       urban and older suburban areas, and
Governor McGreevey has been               development in green areas, apply          municipal control plans for runoff
actively pushing a number of smart        strict regulatory standards in red areas   from existing and new development.
growth initiatives. In his January        and take a cautious approach in
State of the State message Governor       yellow areas. The red areas include        New and Improved
McGreevey pointed to uncontrolled         dedicated open space and farmland          Open Space Taxes
development as the greatest threat to     preservation lands, endangered and         Last November, citizens in 24 munici-
our quality of life. “We must find the    threatened species habitat, Category       palities and two counties voted to
will to stop the development that         One (C1) waters and other environ-         establish or increase the rate for open
costs more than it saves, takes more      mentally sensitive areas.                  space trust funds through local
than it gives, diminishes our lives and      The state plans to have a series of     property taxes, generally with a two
degrades our surroundings,” he said.      county meetings with municipal             to one margin. With these votes, 20
To encourage development in the           officials and planners and to propose      of NJ’s 21 counties and 186 of the
right places, he offered help on          formal regulations implementing the        state’s 566 municipalities have
regulatory approvals and infrastruc-      Map this spring. In the meantime,          dedicated a portion of their property
ture for projects that are consistent     DEP is hosting an online Anti-Sprawl       taxes to open space protection. Bravo!
with smart growth.                        Discussion Forum on (www.state.nj.us/
   Governor McGreevey also put forth      dep/antisprawl) for individuals and
                                                                                     New Conservation Loans
some specific ideas to advance land       groups to view the Map and offer
preservation. Noting that NJ is losing    comments.                                  Available
50 acres every day to uncontrolled,          Over the last several months the           The Open Space Institute recently
thoughtless development, he pro-          Governor and his cabinet members           inaugurated a Conservation Loan
posed empowering towns with legal         have proposed a number of programs         Program of bridge loans for non-
and zoning tools like one-year            to promote smart growth.                   profits and public/private partner-
building moratoriums and impact           ● Supporting Transfer of Develop-
                                                                                     ships to help land protection projects
fees. He also called for stronger           ment Rights, impact fees and timed-      that lack funds to meet specific
regional mechanisms and land                growth legislation;                      deadlines. Focused on the Highlands,
preservation in the Highlands, for        ● Reducing transportation spending
                                                                                     Pinelands and Delaware Bayshore
farmland, state and local parks.            on new roads to 4%, down from a          (with some possibility in other areas)
   Not long after, the Department of        10-year average of 20%;                  the loans will be for at least $200,000
Environmental Protection, along with      ● Increased funding for brownfields
                                                                                     at 3% annual interest generally for up
the Departments of Community                cleanup to support for urban             to three years. Started with a $2.5
Affairs, Transportation and Agricul-        revitalization;                          million Program Related Investment
ture, presented “The Big Map,” which      ● Revising Department of Environ-
                                                                                     from the Geraldine R. Dodge Founda-
they plan to use to align state regula-     mental Protection regulations to         tion, the NJ Conservation Loan
tions and funding programs with the         increase predictability, facilitate      Program should be a very helpful tool
State Plan. You can view the Map and        smart growth, strengthen public          for local land trusts, open space
additional information on the               health, safety and environmental         committees and environmental com-
administration’s anti-sprawl agenda         resource protection, in coordina-        missions. For additional information
on the DEP’s anti-sprawl web page           tion with other agencies.                contact Peter Szabo, 212-280-2536/
(www.state.nj.us/dep/anti-sprawl.)           DEP Commissioner Campbell has           psszabo@osiny.org. or Jodie Mitchell,
   Developed by overlaying and            announced new brownfields policies,        212-629-3981/ jmitchell@osiny.org.
integrating GIS data for natural          a bonding program that increases the
resources, existing development,          Garden State Preservation Trust’s
infrastructure availability and state     annual funding by $100 million,
planning areas, the Map sets up           stormwater management rules that
green, yellow and red regulatory          require groundwater recharge outside

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                                             ANJEC Recognizes
                                             Local Environmental
                                             Achievements
                                             by Kerry Miller, ANJEC Assistant Director


F   or the 17th consecutive year, ANJEC
opened its annual Environmental
Congress with the presentation of
                                             and using those good works to educate
                                             the community about nature and the
                                             environment and about the environ-
                                                                                         many species of flora and fauna that
                                                                                         hikers will see along the trails. (Recently,
                                                                                         numbered posts were installed along the
Environmental Achievement Awards.            mental commission itself.                   trails to help visitors identify the loca-
They recognize the hard work, creative                                                   tions described in the guidebooks.) Each
and successful efforts of environmen-        Environmental Commission                    booklet has a trail map, information
tal commissions, non-profits and other       Awards                                      about what residents can do to protect
local groups in conserving natural             Three commissions funded their            sensitive environmental areas, and
resources, protecting health and             projects through Department of Envi-        information about the importance of
preserving open space in their commu-        ronmental Protection Environmental          open space. The commission distributes
nities. By highlighting the wonderful        Services matching grants.                   the guides at Township events and at the
work done by commissions and citizen                                                     municipal building and library.
activists, the Awards inspire other          The Bordentown Township Environ-
                                             mental Commission (Burlington)              The Weymouth Township Environmen-
commissions to forge ahead. They also
                                             planned and carried out streamside          tal Commission (Atlantic) prepared a
energize ANJEC staff to continue doing
                                             vegetation restoration in a local park.     comprehensive, 1,080-slide library of the
everything possible to keep our
                                             Commission members noted a serious          lakes, streams, wetlands, flora and fauna
members vital and informed.
                                             erosion problem along a steep bank of       of the township portion of the Great Egg
   The time set aside to spotlight the
                                             the Thorntown Creek where a wind-           Harbor Watershed to document plant
successful work of our state’s local
                                             storm had destroyed trees and vegeta-       and animal species and their locations,
environmentalists is always well worth
                                             tion in 1996. With the help of the          erosion, invasive species and other
the effort. The pride with which the
                                             township planner and the Department         problems, over four seasons. The
recipients speak of their work is uplift-
                                             of Public Works, the commission             commission also created a 55-slide
ing, and sets a positive tone for the day.
                                             selected and planted native species of      presentation with descriptive text, made
Each year, the awards presentation
                                             trees and groundcover to stabilize and      public presentations and donated copies
reminds us how much a small group of
                                             shade the banks and provide habitat         to area schools, the county library, and
dedicated individuals can accomplish.
                                             for small wildlife. The commission          environmental organizations. During the
   This year, ANJEC honored environ-
                                             publicized its project with a ribbon-       creation of the photo inventory, the
mental commissions from Deptford
                                             cutting ceremony attended by the            commission learned a great deal about
(Gloucester), East Brunswick
                                             mayor and local press.                      the watershed and its problems, and is
(Middlesex), Highland Park (Middlesex),
Weymouth (Atlantic), and Bordentown          The Deptford Environ-
Township (Burlington), as well as one        mental Commission
local and two regional non-profits, an       (Gloucester) created trail
open space committee and a middle            guides for natural areas at
school. Their projects included a            Big Timber Creek Park
streambank restoration, a photographic       and Old Pine Farm. Both
inventory of natural resources, nature       had unmarked trail
trail guides, creation of a butterfly park   systems traversing many
and development of two comprehensive         different types of ecosys-
environmental websites.                      tems. The commission
   This year’s winning projects had          worked with a local land
strong outreach components, from             trust, a naturalist and a
traditional newspaper coverage to            professional photogra-
speaking engagements, public events          pher to design two
and electronic broadcasting. The             illustrated, 20-page
winning commissions understand the           brochures with black and      East Brunswick’s Environmental Commission members
connections between doing good works         white photographs of the      with their Environmental Achievement Award

6 ANJEC REPORT - WINTER 2003
now better prepared to                                                                     ation Plan with digital base parcel maps
develop mechanisms to                                                                      showing ownership, natural features and
ensure the proper mainte-                                                                  other information; acquired more than
nance and protection of                                                                    $1.1 million in Green Acres grants;
these areas.                                                                               created a color brochure to educate the
                                                                                           community about the benefits of open
   Two commissions in
                                                                                           space; and more than doubled the
Middlesex County were
                                                                                           township’s preserved open space from
able to attract support from
                                                                                           500 acres to 1,182 acres.
local government and
citizen volunteers to put                                                                  The Great Swamp Watershed
their projects in place.                                                                   Association’s “Blue Green Technolo-
                                                                                           gies” video and handbook present a
The East Brunswick                                                                         range of alternative, nonstructural
Environmental Commis-                                                                      approaches to stormwater management
sion (Middlesex) is proud
                                  Award-winning Highland Park Environmental                available to developers, planners,
to have established what
                                  Commission members                                       individuals and municipalities.
they believe is the first
municipal park in New Jersey (and             The site features news items and             The Ten Towns Great Swamp Watershed
perhaps in the country) dedicated to          illustrations, event announcements,          Management Committee’s Water Quality
the conservation and appreciation of          virtual tour maps of natural areas           Standards for the Great Swamp Watershed,
butterflies! In early 2001, the commis-       around the borough, wildlife sighting        provide an innovative set of guidelines
sion lobbied hard to convince the town        information, links to other environmen-      for evaluating the health of the region’s
council to turn 11 acres of a munici-         tal websites, interactive educational        five subwatersheds. The Committee
pally owned, overgrown field into a           games, and an e-mail connection for          anticipates that these standards will
butterfly meadow. Commission                  comments and questions.                      serve as a guide for other watershed
members researched and selected                                                            groups in New Jersey.
butterfly-attracting plant species,           Awards to Other Groups                       Students and teachers from the Township
including milkweed for migrating              The Voorhees Environmental and               of Ocean Intermediate School (Class of
monarchs, and designed the layout of a        Recreational Alliance (VERA) (Camden)        2007/2008) planted 1,000 tree seedlings
1,500-foot cinder path, benches and           is a local non-profit dedicated to           as part of the Schoolyard Bio-Habitat
interpretive signage. The municipal           environmental protection, education          Project, a hands-on outdoor laboratory
public works department, Boy Scouts           and advocacy. When outreach activities       and classroom under construction by
and other volunteers provided much of         like ads in newspapers and mass mail-        the township’s environmental commis-
the labor and materials for this ongoing      ings became expensive and cumber-            sion. Students maintain the trees and
project, keeping costs to a minimum.          some, VERA’s members developed a             monitor their growth.
   The habitat in the new meadow will         comprehensive website, http://
support as many as 50 species of              members.tripod.com/veravoorhees/                We know that there are many wonder-
butterflies. It also gives residents an       index.htm which allows the organiza-         ful, unsung environmental efforts in
opportunity to observe and learn about        tion to broadcast information beyond its     process right now in New Jersey’s
nature in action. The commission              mailing list, attract new members,           municipalities. We encourage commis-
solicited extensive newspaper coverage        receive e-mail, alert citizens on current    sions to begin thinking of the October
throughout all phases of the park’s           “hot topics,” post election information      2003 Congress, and to look for an
planning and creation, and provided           and township meeting agendas, and            Achievement Award application form in
interviews and feature articles to            make available important documents           the spring issue of the ANJEC Report!
educate the community about butter-           such as the Voorhees Master Plan.            (and online at www.anjec.org)
flies and biodiversity.                       VERA marketed the site through its
                                              monthly column in a local paper, a            At the Environmental Congress,
The Highland Park Environmental
                                              feature article in the Philadelphia           ANJEC awarded its bi-annual
Commission (Middlesex) joined
                                              Inquirer, fliers, paid ads, baseball caps,    $1,000 Lechner Scholarship to
forces with the Shade Tree Advisory
                                              and links on other websites. The site         Lauren Musto, of Clark, who is
Committee to create a website that
                                              brings together people with common            studying Environmental Policy,
would enable them to reach out to
                                              environmental concerns, and empow-            Institutions and Behavior at
town residents. With pro bono
                                              ers them to become involved.                  Douglass College, Rutgers Univer-
assistance from a local webmaster,
                                                                                            sity. She maintained a high grade
the two groups created                        In just two years, the seven-member           point average while working on a
www.leoraw.com/hpenv. The website             Marlboro Farmland, Historic and Open          number of environmental projects
allows the commission to disseminate          Space Preservation Committee has              including a campaign to educate
information about its activities and          accomplished an impressive array of           the public on the potential health
also makes available, at the touch of a       planning, preservation and public             and environmental effects of
button, important documents such as           education goals. It has produced a            genetically engineered foods.
the borough’s Open Space Inventory.           comprehensive Open Space and Recre-

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                                          The New Faces of the
                                          State Plan

T    o get a better idea of the
McGreevey administration’s vision
for the State Plan, ANJEC staff talked
                                          funds be consistent with
                                          the principles of smart
                                          growth and the State Plan.
                                                                                             achieve the goals of the
                                                                                             State Plan.

with Department of Community              It also establishes a Smart                           Responses from
                                          Growth Council of
Affairs (DCA) Commissioner Susan
                                          cabinet members to
                                                                                                Commissioner Bass
Bass Levin, the new State Planning
                                          discuss state agency                                  Levin and Executive
Commission Chair Timothy Touhey,
and Adam Zellner, DCA’s Director of       programs and ensure that                              Director Zellner
the Office of Smart Growth (OSG),         state agency functional                                    What is the top priority
which now administers the State Plan.     plans, programs and                                   of the Office of Smart
  Each brings valuable experience to      projects are consistent with                           Growth for the next year?
the table, Commissioner Bass Levin as     the State Plan. Additionally,                             The State Plan has now
Mayor of suburban Cherry Hill in          the Commission is creating a                               been adopted and the
suburban Camden County for 14             committee to look at public                                 big challenge we face is
years, Chairman Toughey, directs          investment strategies to                                    to see it implemented.
Fannie Mae’s NJ Partnership Office.       give some teeth and                                         Governor McGreevey
Director Zellner was chief of staff for   incentives to the State                                   and Commissioner Levin
Congressman Steve Rothman.                Planning process. Our cities                               have made it clear that
                                          are great resources and we                                   the OSG will work with
                                          need to make them better                                     municipalities and
Chairman Touhey’s                         places to live. State agencies                               counties to implement
Responses                                 have the knowledge base to                                   smart growth planning
   Why did you decide to chair the        make this happen.                                            principles.
State Planning Commission (SPC)?             What kind of new                                            The Office of State
It seemed like a natural fit with my      legislation is needed to                                     Planning has been
background on financing urban                                                              B. PRETZ
                                          implement the State                                          changed to the Office
redevelopment projects and commit-        Plan? Creating legislation could take    of Smart Growth. Is this just a name
ment to public service. I headed NJ       one or two years whereas incentives      change or will the function of the
Housing and Mortgage Finance              through appropriate financing are        office also change? It is much more
Agency for a number of years working      more immediate. One approach is to       than a name change. Previously, the
on housing strategies for urban areas     create financing strategies for devel-   Office of State Planning focused on
and home ownership. I am a result-        opers and municipalities to entice       writing the plan and was very reac-
oriented individual and enjoy seeing      development in growth areas. We are      tive, dealing with day-to-day requests
outcomes as a result of beneficial        in a unique time where there is state    for map changes and municipal and
public policies.                          funding to revitalize schools in urban   county designations. The OSG adds
   What will the focus of the SPC be      areas. Low mortgage rates will also      two new elements, Implementation
during your term of office? To            provide redevelopment opportunities.     and Outreach, which will work with
implement the vision of the 2001             In the past, NJ's Smart Growth        the Planning unit to aggressively
State Plan. I am interested in develop-   Planning Grant recipients did not        market the principles of smart growth.
ing strategies that will encourage        appear to be required to implement       We will take Governor McGreevey’s
strong investment from both the           the State Plan. Will the future Smart    message of smart growth directly to
private and public sectors and growth     Growth grants be used as an incen-       the people of New Jersey who are
and revitalization of urban centers.      tive to achieve endorsement of local     affected by this every day. We will
   What is the State doing to make        and regional plans? We are currently     also work to bring new incentives and
certain that state funding goes to        looking over the Smart Growth            tools, including additional planning
projects that are consistent with the     Planning Grant program to ensure         resources, geographic information
State Plan and endorsed municipal         that future projects will focus on       systems (GIS), inter-governmental
plans? Governor McGreevey’s Execu-        implementation. There needs to be a      affairs, local land use legal advice,
tive Order No. 4, issued in January       level of accountability so that state    and much more, to our counties and
2002, ensures that state grants and       money is spent effectively and we        municipalities throughout the state.

8 ANJEC REPORT - WINTER 2003
                                         ment. Governor McGreevey and              eliminated can translate into property
 A Second Smart Growth                   Commissioner Levin have made it           tax savings. This is why they have
 Executive Order                         clear that we need to assist towns and    made the Smart Growth Planning
    In October, Governor                 local property tax-payers by providing    Grants a priority, to provide munici-
 McGreevey signed Executive Order        resources to help a locality devise a     palities and counties with funds to
 38, which sets out a multitude of       comprehensive plan at little to no        help plan for their future at little to
 coordinated state initiatives to        cost to them. Finally, the OSG has a      no cost to local property tax payers.
 encourage smart growth by               variety of financial resources aimed at      Under Commissioner Levin’s
 focusing on redevelopment,              assisting local and county govern-        leadership, the process has been
 pushing for “smarter” regulations,      ments, including our Smart Growth         dramatically improved. Counties and
 and stopping funding that subsi-        Grant Program, which provides direct      municipalities are asked to submit a
 dizes sprawl.                           payments for smart growth plans, and      basic project description that they can
    For areas designated for smart       the Brownfield Recovery program,          do in house at little or no cost to
 growth, the order calls for specific    which helps to reuse former industrial    them. After the OSG staff determines
 financial incentives, programs to       properties. These incentives, combined    that a proposal meets smart growth
 expedite the permit process and         with the benefits that Plan Endorse-      criteria, it will set up a meeting to
 more coordination among state           ment bring to a municipality or county    discuss the details of the proposal and
 agencies. The financial incentives      help make the planning process much       provide the town with a list of pre-
 include a self-sufficient program       easier on local governments and the       qualified consultants. This way,
 for aid to first time homebuyers,       property tax paying public.               towns and counties have a funding
 short-term loans for                       Where should a town, new to the        commitment before they incur any
 predevelopment brownfields costs,       State Planning process, begin? With       expenses and we help to guarantee
 and prioritized “super incentives”      the Office of Smart Growth. As I          the quality of the work by only allow-
 from existing state resources for       mentioned before, the OSG is struc-       ing pre-qualified vendors to be selected.
 specific projects. The Departments      tured to work with local governments      This is a win-win for all.
 of Environmental Protection,            in the State Planning process. A town
 Community Affairs and Transpor-         need only call OSG (609-292-7156) and
 tation are to coordinate their          we will set up an initial meeting to
 permit reviews to expedite approv-      begin the process of Plan Endorsement.
 als. And the Office of Administra-         How will future DCA Smart
                                         Growth Planning Grants be used as a
 tive Law and relevant state agen-
 cies are to prioritize applications     tool to implement the State Plan?
                                         Governor McGreevey and Commis-
                                                                                   A Reminder and
 and appeals in areas designated for
 smart growth.                           sioner Levin both understand as
                                         former mayors that municipal
                                                                                   An Opportunity
    Executive Order 38 also recog-                                                 It’s annual report time for Environ-
 nizes the importance of compre-         budgets are very tight and that any
                                                                                   mental Commissions. The enabling
 hensive transportation planning,        expense that can be reduced or
                                                                                   state legislation sets out the responsi-
 directing the NJ Department of                                                    bility very clearly: “An environmen-
 Transportation to prepare a master        Plan Endorsement                        tal commission shall...make an annual
 capital plan for all kinds of                                                     report to the governing body of the
 transportation infrastructure                A major revision in the 2001
                                           State Plan is the replacement of        municipality “ (N.J.S.A. 40:56A-4).
 including park-and-ride lots.                                                     Circulating the report among local
 To review the complete executive          Center Designation by the
                                           Endorsed Plan process. To achieve       officials and newspapers offers a great
 order, go to www.state.nj.us/                                                     opportunity to publicize your
 infobank/circular/eom38.htm               Plan Endorsement, the local
                                           government must submit land use         commission’s accomplishments and
                                           plans for the entire municipality,      goals. It’s a good idea to send copies
                                           rather than just the town centers.      to members of the governing body,
  How is the Office of Smart Growth        Too often center-based develop-         planning and zoning boards, and the
organized to assist municipal plan-        ment has led to downtown                reporters who cover your municipal-
ning efforts? The OSG’s five units are     revitalization but done little to       ity. And if your town or commission
set up to interface with county and        protect the lands outside the           has a web site, post it there. Last but
municipal governments and planning         growth boundary from inappro-           not least, please send a copy to ANJEC
offices. These teams are broken up         priate development. An Endorsed         (email to info@anjec.org, or send to
geographically and led by a Planning       Plan is a comprehensive plan for        ANJEC, PO Box 157, Mendham, NJ
Unit that works directly with local        the entire municipality. The            07945). These reports are a great help
governments to implement smart             voluntary process offers State          to us, providing success stories to
growth strategies. In addition, the        Planning Commission certified           share with other commissions and
Implementation Team is set up to           communities planning and                guiding us to areas where we could
bring a wide variety of resources          financial benefits from the State.      better serve commissions with
directly to a town or county govern-                                               training, information and guidance.

    PRINTED ON RECYCLED PAPER                                                                 ANJEC REPORT - WINTER 2003   9
                                                  The Taking Issue:
                                                  Redux
                                                  by Charles L. Siemon, Esq.

                                                       The general rule at least is, that while property may be regulated to a certain
                                                       extent, if regulation goes too far it will be recognized as a taking.
                                                                                   — Supreme Court Justice Oliver Wendell Holmes


ANJEC regularly receives calls requesting         mental regulations. How far could               circumstances [of the] case.” In that
information and advice to deal with               the government go to protect the                context, there is no “‘set formula’ for
claims that certain actions, ordinances           public health, safety and welfare?              determining when ‘justice and
or regulations constitute an unconstitu-          And if the government went too far,             fairness’ require that economic
tional taking of private property and             what relief would be available?                 injuries caused by public action be
therefore should not take place. To help             Contemporary takings jurispru-               compensated by the Government,
our readers gain a better understanding           dence first came to a head in Penn              rather than remain disproportionately
of the issue, nationally recognized land          Central Transportation Co. v. City of           concentrated on a few persons.”
use expert Charles Siemon explains the            New York in 1978. In our 1985 book,             Nevertheless, the “economic impacts
current state of takings law, with                The Zoning Game Revisited, attorney             of the regulation on the claimant and
summaries of the major cases, including           Richard Babcock and I analyzed the              ...the extent to which the regulation
a 2002 Supreme Court decision which               issues that the Supreme Court dealt             has interfered with distinct invest-
has some interesting implications. A              with in this landmark case. Penn                ment backed expectations,” are
partner in Siemon & Larsen, a land                Central involved the denial of permis-          “relevant considerations” in the
planning and planning law firm based in           sion to construct a skyscraper above            “essentially ad hoc, factual inquiries”
Boca Raton, Florida, Mr. Siemon has               the Grand Central Station terminal,             involved in regulatory takings cases.
been active in New Jersey for more than           based on a finding that the tower                   The Court rejected the argument
20 years. He wrote the Pinelands                  would “overwhelm the Terminal by                that the airspace over the terminal
Comprehensive Management Plan and                 its sheer mass,” making the landmark            should be independently considered,
played an essential role in developing the        an “aesthetic joke.”                            and held that the crux of the takings
original 1992 NJ State Development and               Penn Central presented the Supreme           inquiry is “the character of the action
Redevelopment Plan.                               Court with the issue of whether                 and...the nature and extent of the
                                                  historic landmark restrictions were             interference with rights in the parcel
                                                  unconstitutional. Although many                 as a whole.” The regulation under



T
                                                  observers questioned whether                    review contemplated the continuation
                                                  development restrictions on particu-            of the existing use, and moreover,
                                                  lar structures for aesthetic consider-          since the “appellants have not sought
     he so-called “taking issue”                  ations would survive constitutional             approval for the construction of a
dominated the law of resource                                                                     smaller structure, we do not know
planning and management in the last                                                               that appellants will be denied the use
half of the 20th century. As Charles                                                              of any portion of the airspace....”
Haar notes in his classic text on land            The crux of the takings inquiry is “the
use, the taking issue is “the most
haunting jurisprudential problem in               character of the action and...the nature and    TDR’s Can Help Mitigate
the field of contemporary land-use                extent of the interference with rights in the   Takings
law...one that may be the lawyer’s                                                                   Penn Central also addressed what
equivalent of the physicist’s hunt for            parcel as a whole.”                             was a novel concept at that time –
the quark.” In the 1960s, the tension                                                             transferrable development rights
between public and private expecta-                                                               (TDR’s). These rights, which were
tions about the use of property was               scrutiny, the Supreme Court had                 “made transferrable to [other] parcels
strained by the increase in the scope             little trouble upholding the regula-            ...may well have not constituted ‘just
and reach of planning and environ-                tions – and in finding that no taking           compensation’ if a ‘taking’ had
                                                  had occurred. Whether a restriction             occurred,” yet they “mitigate what-
Note: Quotes are from the relevant U.S.           would “be rendered invalid by the               ever financial burdens the law has
Supreme Court decisions. For a copy with          Government’s failure to pay for any             imposed on appellants and...are to be
annotated references, check out ANJEC’s Smart
Growth Survival Kit at www.anjec.org or contact
                                                  losses proximately caused by it                 taken into account in considering the
us at 973-539-7547.                               depends largely upon the particular             impact of regulation.”

10 ANJEC REPORT - WINTER 2003
   The Supreme Court’s opinion in                                                                 all economical use of their lots
Penn Central did little to settle the                                                              – equal to the categorical
“taking issue” debate. Property                                                                    taking in Lucas. The Supreme
rights advocates viewed the                                                                        Court granted certiorari,
opinion as confirming that a                                                                      limited to “whether a morato-
regulation that goes too far                                                                     rium on development imposed
actually effects a taking – the legal                                                          during the process of devising a
equivalent of occupation. Police                                                                comprehensive land-use plan
power hawks found comfort in                                                                     constitutes a per se taking of
the ambiguity of the Court’s                                                                     property requiring compensa-
formulations, and in the recogni-                                                                tion....”
tion that transferable rights were                                                                 Tahoe-Sierra distinguishes the
at least relevant – if not impor-                                                             “straightforward application of
tant – to a takings inquiry.                                                                  per se rules” governing physical
   The latter group was encour-                                                               occupations from the “‘essen-
aged by the Court’s decision in                                                                tially, ad hoc, factual inquiries’”
Andrus v. Allard. In this case, the                                                            involving “‘careful examination
Supreme Court rejected a takings                                                US EPA          and weighing of all the relevant
claim arising out of the applica-                                                               circumstances,’” which guide
tion of a federal law to prohibit the        Court held was a compensable taking.        regulatory takings analysis. It also
sale of ancient Native American              The third, Nollan, involved develop-        provides a modest ode to the impor-
artifacts made from long-dead but            ment exactions, which the Court held        tance of public resource planning and
now-protected birds.                         must bear a sufficient nexus to an          management: “Land-use regulations
                                             identified adverse impact to avoid          are ubiquitous...treating them all as
  [T]he denial of one traditional
                                             being a taking. To most commenta-           per se takings would transform
  property right [– here, to sell
                                             tors, the 1987 “takings trilogy” pro-       government regulation into a luxury
  property –] does not always
                                             vided more questions than answers.          few governments could afford.”
  amount to a taking. At least where
                                                In the early 1990’s, the Court              Tahoe-Sierra reaffirms the “parcel as
  a property owner possesses a full
                                             recognized that a regulation that           a whole” theory, or as the Court
  “bundle” of property rights, the
                                             destroyed all economic value of             restated the principle, “‘the aggregate
  destruction of one “strand” of the
                                             property effected a taking, unless the      must be viewed in its entirety.’” After
  bundle is not a taking, because the
                                             only use for the property would have        noting that “[a]nything less than a
  aggregate must be viewed in its
                                             been a nuisance at common law.              ‘complete elimination of
  entirety.
                                             (Lucas v South Carolina Coastal             value’...would require the kind of
   The opinion concluded, noting, “It        Council) The Court also expanded on         analysis applied in Penn Central,” the
is true that appellees must bear the         Nollan, holding that exactions must         Court focused in on the question
costs of these regulations. But, within      be “roughly proportional” to the            presented, observing that the District
limits, that is a burden borne to secure     impacts which justify them. (Dolan v        Court erred when it “disaggregated
‘the advantage of living and doing           City of Tigard) Taken together three        petitioners’ property into temporal
business in a civilized community.’”         decisions between 1997 and 2001,            segments...and then analyzed whether
                                             (Suitum v. Tahoe Regional Planning          [they] were deprived of all economi-
More questions than answers                  Agency City of Monterrey v. Del Monte       cally viable use during each period.”
   The Supreme Court accepted takings        Dunes at Monterrey, Ltd., and Palazzolo
cases for review in 1980, 1981, 1985,        v. Rhode Island) suggested a further,
and 1986, but for varying reasons            subtle shift in favor of private            The “starting point” for the takings analysis
found itself unable to reach the takings     property rights. For example,
issue. It made up for lost time in a         Palazzolo acknowledged criticism of         should be the entire parcel.
1987 “trilogy” of takings cases.             the Penn Central “parcel as a whole”
   On its facts, the first case, Keystone,   rule, with which “we have at times
was the “son” of the Supreme Court’s         expressed discomfort” – but left it for
                                             another day.                                  Accordingly, the “starting point”
1922 decision in Pennsylvania Coal v                                                     for the takings analysis should be the
Mahon in 1922, which held that a                                                         entire parcel. “An interest in real
state law restricting coal mining was a      The role of land use planning               property,” the Court said, “is defined
taking of the company’s property.               In the 2002 Tahoe-Sierra Preserva-       by metes and bounds [(geographic
Yet it had a different outcome – no          tion Council, Inc. v. Tahoe Regional        references)]...” and the temporal
taking – a result which puzzled many         Planning Agency case, two groups of         character (“term of years...of the
commentators. The second, First              property owners who were affected           owner’s interest.”). In a regulatory
English, involved an outright, un-           by two separate moratoria claimed           takings analysis, “[b]oth dimensions
qualified moratorium on the private          (among other things) that the mora-         must be considered if the interest is to
use of private property, which the           toria effected a temporary taking of        be viewed in its entirety.”

     PRINTED ON RECYCLED PAPER                                                                     ANJEC REPORT - WINTER 2003      11
  Hence, a permanent deprivation of
  the owner’s use of the entire area is                                               ANJEC Staff 2003
  a taking of “the parcel as a whole,”                                                Executive Director ....... Sandy Batty
  whereas a temporary restriction                                                     Assistant Director ........ Kerry Miller
  that merely causes a diminution in            Trustees                              Financial
  value is not.                                 President                               Manager ........... Karen Buchanan
The Court extensively considered the            Robert Dobbs, Voorhees                Development
“justice and fairness” of the challenged                                                Director ............. Margaret Davey
                                                Vice-President for Operations         Resource Center
moratoria, and although noting that             Chris Allyn, Harding
skepticism is appropriate for moratoria                                                 Director ............. Michele Gaynor
of greater than one year, the facts did         Vice President for Development        Office Manager .. Christine Johnson
not support a finding that “justice and         Nelson Dittmar, Cranford              Executive Assistant . Elizabeth Ritter
fairness” required payment of just                                                    Executive Assistant .. Dawn Domans
                                                Secretary
compensation for enduring the eco-                                                    Intern .................. Gillian Columbus
                                                Geoffrey Gollin, Holmdel
nomic burdens of these moratoria.
                                                Treasurer
                                                                                      Project Directors
                                                                                      Affordable Housing .... Sally Dudley
The current state of                            Nancy Tindall, Washington (Mercer)
                                                                                      Coastal Planning .......... Jody Carrara
takings law                                     Immediate Past President              Delaware Bayshore ... Patricia Burns
   So what does it all mean? First, it is       Gary Szelc P.P., Fanwood              Highlands, GIS ........ Kim Ball Kaiser
clear that in the exceptional circum-           Cynthia Berchtold, Cherry Hill        Smart Growth/State
stance where a regulation permanently           Tina Bologna, Byram                     Plan ....................... Pam McIntosh
deprives a property owner of all use or         John Capozucca, Bloomingdale          Urban Environmental
value of his or her property, the               Julie Gandy, Evesham                    Assistance .....Mike Hunninghake
regulation has effected a taking.               Joy Grafton Esq., Edison              Watershed Resources .... Abigail Fair
Second, where the property owner is
left with any use or value, when
                                                Merwin Kinkade, Montclair             Project Consultants
                                                Kevin Moore, Somerset                 Environmental
                                                Sandy Siegel, Paramus                   Summit ............... Candy Ashmun
                                                Mimi Upmeyer, Delaware                High Ground ..... Kathleen Caccavale
A regulation can effect a taking, but only in   G. Wayne Winner, Upper                           and Margaret McGarrity
very limited and exceptional circumstances.                              Advisory Committee
                                                Ron Bond, Delaware                     Jan Larson, Dover (Monmouth)
                                                Monica Dubler Coffee, Absecon          Theresa Lettman, Manchester
analyzed in the context of the “parcel          Al DuBois, Clifton                     Martha Lieblich, Leonia
of a whole,” a regulation will not be a         Alan Esenlohr, Green                   Peggy McNeill, Princeton
taking unless the diminution exceeds            Leslie Ficcaglia, Maurice River        Jonathan Maslow, Woodbine
reason – on the order of 75% to 95%.            Blanche Hoffman, Old Bridge            Peg Van Patton, Hillsborough
Third, temporary interruption in the            Cynthia Jacobson, Bridgewater          Meghan Wren, Port Norris
use of property does not constitute a           Peter Kroll, Haddon                    Nancy Wysocki, Haworth
taking, so long as the property retains
some economic value in the context of
the time-value of money.
   Despite the furor of the taking issue
discussion, the risk of a court finding a       Thanks to
taking has been much exaggerated,                 Coster Gerard and our 20 Trustees for adding $7,000 to the S.H. Dudley
and the circumstances where a good              Endowment Fund through a very successful 2002 Trustee Challenge. We
faith regulatory action will actually           are especially grateful to Coster Gerard for making Challenge Donations
effect a taking are few and far between         over the last four years. And thanks to our Board. Every single member
and only involve “exceptional”                  contributed. We also greatly appreciate the contributions of six members
circumstances – total destruction of            of the ANJEC Advisory Board.
value or use, or egregious, unjustifiable
regulatory action directed at a limited           The people who made three of our wishes come true:
number of property owners. In other                 ● Nelson Dittmar for a computer monitor
words, the taking issue is now all but              ● Gary Szelc for a microwave oven for our Trenton office
resolved – a regulation can effect a                ● Tom Waldron for helping us with our mailings
taking, but only in very limited and
exceptional circumstances.                       Elaine H. Vellekamp for her donation in memory of Ronald Vellekamp,
                                                member of the Tenafly Environmental Commission.


12 ANJEC REPORT - WINTER 2003
                                          Environmental
                                          Protection Law —
                                          Top Ten for 2002
                                          By Lewis Goldshore, Esq.



                                          cases that “substantially and directly     ➋ The Drought. On March 4, 2002,
                                          service important regional and             Governor McGreevey invoked his



D
                                          environmental interests.”                  emergency powers and issued an
                                                                                     Executive Order to address worsening
                                          ➏ Builders’ Remedy Upheld. In Toll         drought conditions. A series of DEP
         uring 2002 there were a          Brothers, Inc. v. Twp. of West Windsor,
                                                                                     Administrative Orders imposed water
number of very significant environ-       the NJ Supreme Court limited its
                                                                                     use restrictions and conservation
mental developments. The Top 10           decision to certain technical issues
                                                                                     measures, implemented strategies for
cover a range of issues.                  and upheld the lower courts’ award of
                                                                                     the use of alternate water supplies
                                          a builders’ remedy to the developer.
➓ Need for Experts. The NJ Supreme                                                   and established priorities for the
Court ruled in favor of a zoning          ➎ Right to Farm Act. The NJ Su-            distribution of water supplies. (The
board applicant who presented expert      preme Court found that the Right to        Governor rescinded the drought
testimony disputing the objectors’        Farm Act preempted local land use          emergency in January 2003.)
                                          controls respecting commercial farms
visual impact claims while the
                                          and cautioned that County Agricul-         ➊ Smart Growth. On January 31,
objectors failed to present any expert                                               2002, Governor McGreevey signed an
testimony on the project’s detrimen-      tural Boards and the State Agricultural
                                                                                     Executive Order creating a Smart
tal effects on property values.           Committee must decide right to farm
                                                                                     Growth Policy Council of several
                                          disputes on a case-by-case basis and
➒ Substantial Change to Proposed                                                     cabinet members and other high-
                                          balance the competing interests that
Rules Requires New Notice. The                                                       ranking state officials to promote
                                          are involved.
Appellate Division found that the                                                    smart growth and the implementation
Department of Environmental               ➍ Environmental Justice. The U.S.          of the State Plan. The Executive Order
Protection could not adopt substan-       Court of Appeals, Third Circuit,           also directs the Attorney General to
tial changes to the Water Quality and     issued a ruling that had the effect of     defend and/or intervene in cases to
Watershed Management Rules                closing the federal courthouse doors       support local plans that have been
without providing a new notice and        for most claims involving the dis-         endorsed by the State Planning
an opportunity for public comment.        criminatory siting, operation or           Commission or are consistent with
                                          abandonment of polluting facilities        smart growth objectives. This issue
➑ Insurance Coverage in Landfill          in, or disproportionately affecting        was the focus of attention at the
Cases. The NJ Supreme Court ruled         minority communities. The DEP is           Governor’s Smart Growth Summit,
that liability insurance coverage         working on new state rules, having         held in October where the Governor
under policies issued prior to the mid    withdrawn a previous proposal.             directed his cabinet to coordinate its
1980s starts with the initial deposit-                                               efforts to prevent sprawl.
ing of toxic waste in a landfill.         ➌ Private Well Testing. The Private
                                          Well Testing Act (PWTA) will have
➐ Extension of Sewerage Services.         significant impacts in less developed      Author’s Note: A partner in the
The NJ Supreme Court held that a          areas where properties are served by       Lawrenceville firm of Szaferman,
developer could not use a proposed        private wells. PWTA requires that,         Lakind, Blumstein, Blader, Lehmann
contribution to an affordable housing     prior to sale, private well test results   & Goldshore, P.C., Lewis Goldshore
fund to obtain a connection to sewers     be provided to the DEP and local           has worked as an environmental
in an adjacent municipality. Under        health authorities. If there is a well     lawyer with municipalities, corpora-
the facts of this case, this would have   failure, the local health agency may       tions and individuals since 1968. He
only increased the developer’s profit.    issue a public notice to property          and Marsha Wolf are co-authors of NJ
While the Court refused to depart         owners in the vicinity and recom-          Environmental Law and the NJ Envi-
from the general rule that a munici-      mend testing of nearby wells. The          ronmental Newsletter, available at
pality was not obligated to provide       DEP’s website, www.state.nj.us/dep/        www.szaferman.com/environment/
extraterritorial service, an exception    pwta, spotlights the new law and the       index.html.
would be recognized in the future in      implementing rules.

    PRINTED ON RECYCLED PAPER                                                                ANJEC REPORT - WINTER 2003   13
                                                           By Karen Lowrie, Michael Greenberg and Daniel Knee,
                                            National Center for Neighborhood and Brownfields Redevelopment (NCNBR),
                                                       Rutgers University, Bloustein School of Planning and Public Policy

                  Developing and Maintaining Healthy Urban Parks
                                Condensed from New Jersey Municipalities, cover story, 6/2002
   Although New Jersey has experienced     space in their neighborhoods. In an         said, “Whenever you redo a park, the
tremendous economic growth since           area of Perth Amboy with many               neighborhood feels better and feels
1992, major urban areas have been          brownfields, 90% of those surveyed          appreciated,” suggesting that the
losing middle-income people, well-         preferred play areas and parks and less     redevelopment then sparks further
paying jobs, and ratables for decades.     than 35% warehouses and factories.          community investment. East Orange
What remains in some distressed               Parks and open space provide no less     actively capitalizes on these benefits,
neighborhoods are relatively poor          than 75 different economic, public          with officials stating that they “Use
people, deteriorating housing, limited     health, community improvement and           parks to market the city.”
shopping opportunities, and symbolic       environmental benefits to their
of our industrial past, abandoned          communities. But these benefits are not     Dollars and Sense
properties and rusting buildings,          completely convincing to local officials       Despite significant Federal, state and
commonly called “brownfields.” In          since they are not normally quantified      private funding of urban parks in
most cities, the only neighborhood         and are generally intertwined with          redevelopment cities, there was almost
redevelopment option is cleaning up        other actions. For example, is a            none when it came to maintenance.
these brownfield eyesores.                 decrease in juvenile crime due to a         Only four of the 25 projects obtained
   While turning brownfields into job      remodeled park, or to more police           some outside maintenance support.
fields has generally succeeded in New      patrols and efforts to provide activities      Because we were unable to find
Jersey, many remaining are too small,      for youth?                                  many examples of parks built on
oddly shaped, not well located, heavily       Studies have shown that parks            brownfields, the study was not able to
contaminated, and otherwise not            enhance the real estate value of nearby     support any strong findings with regard
appealing to profit-making organiza-       sites. In Spartanburg, South Carolina,      to developing contaminated properties
tions. A recent National Center for        for example, researchers found that         for parks. Public health and environ-
Neighborhood and Brownfields               over ten years, park revitalization         mental risks posed by contaminated
Redevelopment study found that about       helped increase central business district   properties are certainly important and
half of over 100 brownfields sites in      property values by 325 percent and          cannot be overlooked.
distressed urban areas had no near-term    double rents and retail sales.                 Perhaps the primary obstacle is the
commercial use. If a redevelopment                                                     lack of maintenance funds and policies
goal is to upgrade the quality of          What New Jersey Parks                       that focus resources on existing parks.
distressed neighborhoods, open space is    Officials Have to Say                       Involving private organizations in
one of the logical alternatives.              In 2000, NCNBR interviewed park          support of parks can be a win-win
                                           officials from 31 New Jersey cities.        situation. Creative approaches like
Open Space and Parks                       Three-quarters reported that they were      corporate sponsorship, for example
   Many urban neighborhoods that           working on parks planning and               could bring in employee services.
suffer from an abundance of vacant,        redevelopment projects. Of 27 recently      Businesses, hospitals, universities, and
blighted properties are the same places    completed projects, 11 were                 other not-for-profits can play a crucial
where parks, playgrounds and recre-        brownfields conversions. For example,       role by providing some funds and help
ational opportunities are scarce.          Thomas Hanaratti Fields in Elizabeth        make the difference between a land
Smaller contaminated properties            opened in 1997 on the site of an            transformation that contributes to
present an opportunity for redevelop-      abandoned plastics factory, with two        rekindling redevelopment versus one
ment into neighborhood parks,              little league baseball fields, a club-      that converts one type of eyesore into
especially since these sites can be        house, and a playground, with funding       another.
difficult to redevelop for commercial or   from Green Acres and a Community
industrial uses because project benefits   Development Block Grant.                    Acknowledgements
are outweighed by remediation and                                                      Thanks to Diana Downton, Tyler Miller and
                                              Our respondents put “community           Darien Simon for their research assistance and to
redevelopment costs. People who live       building” at the top of the list of         NCNBR members Michael Frisch, Jan Wells and
near old brownfield sites want open        benefits of urban parks. One official       Hank Mayer for their advice and counsel.


14 ANJEC REPORT - WINTER 2003
                                                                    By Pam McIntosh, ANJEC Resource Center Director


                                       New Jersey’s Open Public Records Act:
                                       What It Could Mean for Your Commission
  In July 2002, the Open Public              view. OPRA allows each state depart-         must include the applicant’s name,
Records Act (OPRA), P.L. 2001 c.404, a       ment to propose specific exemptions.         address, and phone number. The
major revision of New Jersey’s public        The Department of Environmental              written form provides a way to track
records law previously referred to as        Protection (DEP)’s final exemptions          the request, which can be important if
“Right to Know,” went into effect.           include:                                     the agency denies it or takes more than
OPRA ensures increased public access         ● Records that reveal the identity of a      7 days to respond.
to government information and receipt          complainant in non-criminal matters          If a public agency denies a request,
of that information in a timely manner.        (OPRA already exempts the identity         the applicant can appeal to the Govern-
The law also establishes the Govern-           of plaintiffs in criminal cases);          ment Records Council or file suit in
ment Records Council to oversee              ● Information regarding Green Acres          Superior Court. The burden is on the
compliance, offer advice, information          and Natural Lands Trust land acquisi-      public agency to demonstrate why the
and free dispute resolution services.          tions, program offerings, and active       record should not be made available. If
                                               projects until 48 hours before formal      the Court or Council rules in favor of
Who and What OPRA Covers                       action is to be taken (unless the land     the applicant, the agency has to release
   The law applies to all state depart-        preservation is still under negotiation,
ments and agencies, the state legisla-         has no executed binding contract, or         Another Step Forward for
ture (although most constituent                could be jeopardized by disclosure);
                                             ● Confidential enforcement informa-
                                                                                            Public Access
correspondence and materials prepared                                                          The Open Public Meetings Act,
for individual legislators are exempt),        tion provided by Federal agencies;
                                               and                                          or Sunshine Law, (N.J.S.A. 4-6 et
and all counties, municipalities, school                                                    seq) originally passed in 1975, sets
districts, and fire districts. It does not   ● Records that could impair the State’s
                                               ability to protect against sabotage or       up standards to insure that
apply to the state and municipal courts,                                                    citizens can witness government
which have their own rules. OPRA               terrorism.
                                                                                            meetings. It gives governing
presumes that all records are open to                                                       bodies complete control over
the public unless they fall within a         How OPRA works
                                                                                            whether to “permit, prohibit or
specific legal exemption.                       First, one designated records custo-        regulate active participation of the
   OPRA broadly defines “record” to          dian at each agency is responsible for         public at any meeting.” (N.J.S.A.
include a wide variety of media              responding to requests within a speci-         10:4-12)
(including printed and handwritten           fied timeframe. At the local level,               As a result of this power, a
documents, electronically maintained         municipal clerk is the custodian.              number of governing bodies
information, sound recordings, maps,            Second, OPRA requires public                regularly restrict public comment.
photographs, and plans) that have been       agencies to provide the information in         agenda. These restrictions have
maintained, kept on file or received in      the medium or format requested by the          generated considerable frustration
the course of official business.             applicant. It allows them to charge cost-      among activists who are trying to
                                             based fees.                                    get their elected officials to deal
Exemptions                                      Third, the public agency must handle        with issues they’d rather avoid. In
  OPRA also provides a number of             requests within 7 days. If a record is in      2002, the NJ Legislature amended
exemptions to protect citizens’ privacy      storage, the agency must let the appli-        the Sunshine Law to require
and address public safety concerns.          cant know within 7 days when the               municipal governing bodies to set
Such information includes personal           record will be available. Agencies must        aside a portion (length to be
data, trade secrets and information that     provide immediate access to certain            determined by governing body) of
could threaten public safety. To allow       documents including “budgets, bills,           every meeting for public comment
public agencies to engage in open            vouchers, and contracts.”                      on any governmental issue that a
discussion as they develop new pro-             Requests for government records             citizen feels “may be of concern”
grams and policies, OPRA also exempts        must be made in writing on the rel-            to local residents.
these internal documents from public         evant agency’s form, which generally

     PRINTED ON RECYCLED PAPER                                                                     ANJEC REPORT - WINTER 2003   15
the document and pay the applicant’s
attorney fees.
   Before going to court to appeal an
agency’s decision, the Council invites
applicants to contact its office for advice
and help in resolving the issue.
    The passage of OPRA is a strong gain
for the public’s right to access govern-                          Two Studies Explore Ways to Fight Sprawl
ment records. It can be useful to use to
obtain information otherwise not              Green Infrastructure: Smart Conser-            science and land use practices are
forthcoming from local officials. For         vation for the 21St Century, By Mark           key. Green Infrastructure must be
example, a number of environmental            A. Benedict and Edward T. McMahon,             seen as a critical public investment
commissions have trouble obtaining site       Conservation Fund, Sprawl Watch                in resource protection that saves
plans and supporting documents from           Clearinghouse Monograph Series,                money, protects necessary public
municipal staff and planning boards.          Washington, D.C., 32 pages, $5.00              values (like water supply) and
Using OPRA is one possibility. But it is         As a Huntsville, Alabama resident in        reduces the potential for flood, fire
often wiser and more effective to put in      1990, I enjoyed trekking through the           and other natural disasters.
the time and effort to develop good           pines of Monte Sano State Park.                                           — Lisa Voyce
working relations with planning board         Huntsville has since purchased 547                               ANJEC Project Director
members and staff, to insure that a free      additional acres on the mountain for
flow of information is the norm.              $3.3 million. This purchase is high-           Solving Sprawl: Models of Smart
Otherwise a commission could find             lighted as an example of the cost-             Growth in Communities Across
itself in constant battle with the people     effectiveness of open space versus             America by F. Kaid Benfield, Jutka
who have the power to make the                residential development. Maintaining           Terris and Nancy Vorsanger. Natural
decisions.                                    the land costs the taxpayers only $75          Resources Defense Council, New
   Through its standards and require-         per acre each year. Homes on the site          York, 2001, 200 pages, $20.00.
ments OPRA should help insure that            would have cost 33 times as much.                Lively, diverse, intense cities contain
government agencies respond                      The monograph defines Green                 the seeds of their own regeneration, with
promptly and fully to requests for            Infrastructure and offers a framework          energy enough to carry over for problems
public records.                               for action. “It is our nation’s life           and needs outside themselves.
For additional information on OPRA,           support system – an interconnected                   — Jane Jacobs, The Death and Life
contact the Government Records Council,       network of waterways, wetlands,                               of Great American Cities
at www.nj.gov/grc, or 866-850-0511.           woodlands, wildlife habitats…working
                                              farms, ranches and forests; and                   Jane Jacobs had a point. By re-
                                              wilderness…that support native species,        directing growth into cities and

Culbertson
                                              maintain natural ecological processes,         making neighborhoods more friendly
                                              sustain air and water resources and            and inviting, natural resources (land,

Emergency Fund
                                              contribute to the health and quality of life   air, and water) outside of cities can be
                                              for America’s communities and people.”         protected from over development.
   Ten years ago, thanks to a generous           The Monte Sano purchase enlarged,           Two sprawl statistics stand out.
donation from the F.M. Kirby Founda-          an important habitat and water                 ● Between 1960 and 1990 the

tion, ANJEC established the                   resource protection area, improving               amount of developed land in
Culbertson Emergency Services Fund            the community’s sustainability. The               metropolitan areas more than
to help commissions respond to                burgeoning population of Huntsville               doubled while population grew by
issues of regional or statewide impor-        got more land to enjoy.                           less than half.
tance where they were unable to                  Green Infrastructure should be the          ● Vehicle use tripled between 1960 and

obtain local financial support with           framework for conservation and                    1995 to 2.4 trillion miles per year.
grants of up to $2,500. The Fund              development, to assure wildlife                   This book presents 35 on-the-
honors ANJEC’s first president, John          populations are not isolated in parks          ground solutions to sprawl and open
Culbertson, who helped establish the          that cannot sustain them. Communi-             space encroachment. Models include
organization and its basic programs,          ties should incorporate protection of          communities like Boulder, Colorado
including the Commissioners’ Course           riparian areas, groundwater recharge,          and Reston, Virginia and less well-
and the Environmental Congress;               stormwater control and other envi-             known places like Suisun City,
both are still important elements of          ronmental values in their master               California or Mashpee, Massachusetts.
our offerings.                                plans and development regulations.             There are no New Jersey models.
   For a copy of the criteria and                The green space network should                 Smart growth development is not
application guidelines, go to the             function as an integrated whole –              an easy task. These model communi-
“About Us” section of ANJEC’s web             linking parks, wetlands and riparian           ties have sustained their own long-
page (www.anjec.org) or contact Liz           areas, involving as many jurisdictions         range vision, blended community
Ritter at 973-539-7547.                       and stakeholders as necessary. Sound           input with developer goals, gained

16 ANJEC REPORT - WINTER 2003
                                                                     ANJEC Report Index 2002
federal, state and local agency coop-
eration, secured financing and met
zoning requirements. They have
worked for mixed use developments
that combine residential, office and
commercial uses, compact neighbor-
hoods that encourage walking and                                                                                                  Environmental Commission Operations and Tools
biking, easy access to mass transit,                                                                                              Acting Locally .......................................................... Sum2
preservation of open space and                                                                                                    Environmental Law 2001 .......................................... W11
                                                                                                                                  Grants and Loans ....................................... Sp13, Sum17
community involvement in develop-                                                                                                 NJDEP Landscape Project ....................................... W13
ment planning.                                                                                                                    Public and private partners ....................................... W14
   For example, in Portland, Oregon,                                                             B. PRETZ                         Septic and oil tanks .................................................. So13
Adidas redeveloped a former hospital                                                                                              Smart Growth Planning Grants .................................. W2
                                                                                                                                  Wildlife Habitat ......................................................... Sp13
site into a corporate urban headquar-       Affordable Housing                                                                    Working with your DPW ........................................... Sp12
ter rather than build its offices on the    NJ Supreme Court COAH decisions ......................... F10                         Open Space
edge of the city where mass transit         Time to Rethink Housing Policies ........................... Sp10                     Delaware Valley ......................................................... Sp7
was not available. Adidas also              ANJEC                                                                                 Funding .................................................................... Sum9
                                            Donors ...................................................................... Sp16    Highlands ....................................................... Sum12, F3
donated 280 tons of leftover hospital       Environmental Achievement Awards .............. W5, Sp19                              Land Donation Benefits ............................................ W13
equipment to developing countries           Environmental Congress .................................... W3, W9                    Recreation and Open Space Inventories (ROSI) .. Sum9
rather than sending it to a landfill.       Trustees ..................................................................... W19    Stewardship ............................................................. Sum9
    Retrofitting suburbs with planned       Staff ............................................................ W19, Sum10         People
                                            Book Reviews                                                                          Caffee, Valorie ...................................................... Sum15
town centers, reclaimed shopping            The Great Remembering: Further Thoughts                                               Carluccio, Tracy .......................................................... W9
centers and main streets, and trans-           on Land, Soul and Society ............................... Sum13                    Chrystie, Paul ........................................................... Sp10
portation choices also has to be part       Our Land Ourselves: Readings on People                                                Dallessio, Tom ........................................................... F10
of the solution.                               and Place ............................................................. Sp11       Goldshore, Lewis ...................................................... W11
                                            In the Presence of Fear: Three Essays for a                                           Kissileff, Dr. Harry ...................................................... F11
   Fringe development often threatens          Changed World ................................................. Sum13              Linn, Chris .................................................................. Sp7
historic sites, greenways, farmlands,       Well-Grounded: Using Local Land Use                                                   Mann, John ................................................................. F11
and waterways because land adjacent            Authority to Achieve Smart Growth .................... Sp11                        Metterhouse, Bill ..................................................... Sum4
to these cherished parcels is more          Environmental Commissions                                                             Nelessen, Anton .......................................................... W3
                                            Atlantic Highlands ................................................. Sum14            Shure, Jon ..................................................... Sum 3, F11
valuable. After the National Trust for      Belvidere ..................................................................... W5    Pollution Prevention
Historic Preservation identified the        Berkeley Heights ......................................................... W6         Encouraging Recycling .............................................. F14
Antietam National Battlefield in            Bridgeton ............................................................... Sum11       Energy efficiency ....................................................... W15
Sharpsburg, Maryland as one of the          Byram .................................................................... Sum11      Environmentally Friendly Lawns ........................... Sum14
                                            Cape May City .......................................................... Sp13         Integrated Pest Management ...................................... F8
most endangered historic sites in the       Cape May Point .......................................................... F13         Reducing Road Glare ............................................. Sum5
country because housing subdivisions        Chatham T ................................................................. W14       Working with Your DPW .......................................... Sp12
were popping up all around it,              Dennis ........................................................................ Sp3   State Plan and Smart Growth
innovative federal funding preserved        East Greenwich ..................................................... Sum11            Carrying Capacity of Natural Systems ....................... W7
                                            East Hanover ............................................................. F13        Executive Order 4 ...................................................... Sp9
4,000 acres on the park’s perimeter as      Eatontown ............................................................... Sum5        For Our Future ........................................................... Sp9
rural landscape.                            Franklin T (GL) ...................................................... Sum11          Master Plan Vision Statement ................................ Sum6
   This book inspires insight and           Green ........................................................................ Sp13   Smart Growth Planning Grants .................... W2, Sum11
inspiration whether read cover to           Greenwich T .......................................................... Sum11          Taming Growth to Save NJ ........................................ W3
                                            Hamburg ................................................................ Sum11        Tax Reform ..................................................... Sum3, F11
cover or sampled through the use of         Haworth ....................................................................... W5    Urban Environment
an excellent table of contents.             Harding ......................................................... W6, Sum 10          Benefits of City Trees ............................................... W12
                     — Barbara Simpson,     Lebanon ................................................................. Sum11       Environmental Justice .......................................... Sum 15
                   ANJEC Project Director   Leonia ........................................................................ W14   Waterfronts ............................................................... Sp15
                                            Madison .................................................................... W14      Water Resources
                         and Pam Kuhn,      Maurice River ............................................................. F13       Conserving Water .................................................... Sp14
        ANJEC Resource Center Volunteer     Mendham Township .............................................. Sum10                 Drought Wake-Up Call ............................................... Sp5
                                            Middletown .................................................................. W5      Educational brochure ............................................... Sp13
                                            Montgomery ............................................................... F13        EPA Stormwater Regulations ...................................... F6
                                            Monroe (GL) ............................................................. Sp14        Protecting Water Quality .............................................. F3
                                            Morristown .................................................................. F13     Public Trust Doctrine ........................................ Sp15, F2
                                            Mountain Lakes ........................................................ Sp12          Restoring a Riparian Forest ....................................... Sp3
                                            Mount Olive .................................................................. F3     Septic and Oil Tanks ................................................ Sp13
                                            Peapack Gladstone ................................................... W14             Supply .................................................................. Sp6, F2
                                            Pemberton T .............................................................. F13        Water Allocation/NJ Water Supply ............................. W9
                                            Plumsted ............................................................... Sum11        Watershed Effort: Promise and Problems ................ Sp2
                                            Pohatcong ............................................................. Sum11         Well Testing Requirements ....................................... F17
                                            Roxbury ............................................................... Sp6, F2       On the Waterfront .................................................... Sp15
                                            Secaucus ................................................................... W12      Wetlands Mitigation ............................................... Sum11
                                            Teaneck ...................................................................... F16
                                            Vineland ..................................................................... W12    Note: You can locate articles going back
                                            Wenonah ....................................................... W6, Sum10
                                            West Milford .......................................................... Sum11         to Winter 2000, by using the search
                                            Winslow ................................................................. Sum11       capability for our web site at www.anjec.org.

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Please let them know that you saw their ad here. Remember, however, that ANJEC does not necessarily endorse any of these firms.


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ANJEC Courses                                                Road Shows
Environmental Commission Training Course                       Has your environmental commission considered having
in Natural Resource Protection                               Road Show? These offer a great opportunity for training on
                                                             local issues, with presentations by ANJEC staff and other
Morristown, Saturday March 1, 9:00 am -12:30 pm
                                                             experts. Designed to help commission members become
Vineland, Monday March 10, 6 pm – 9:30 pm
                                                             more effective leaders in natural resource protection,
Bordentown, Saturday March 15, 9:00 am – 12:30 pm
                                                             ANJEC tailors these three-hour workshops to the needs of
                                                             individual commissions. You chose the date (any month
   This leadership training seminar serves as an introduc-
                                                             but July, August or December), location and topic, and we
tion or refresher on effective environmental commission
                                                             take care of the rest! The cost is just $180 and can be
operations and activities. Participants will learn about
                                                             shared with other groups or towns. You may invite local
their duties and powers under state law, the municipal
                                                             officials, boards, commissions and residents.
planning process including site plan review, master plan
and ordinances and ideas for projects and sources of         Potential topics include
funding. ANJEC will also offer information and guidance      ● Any subject of your choice
on meeting the requirements of the new state stormwater      ● How to make your commission more effective
regulations.                                                 ● Protecting your municipality’s water supply
   For further details, contact ANJEC at 973-539-7547,       ● Smart growth planning
email resourcecenter@anjec.org, or look on our website at    ● Site plan review
www.anjec.org                                                ● Open space preservation
                                                             ● Using Geographic Information Systems (GIS) maps


WISH LIST                                                    ● Preparing an Environmental Resource Inventory (ERI).
                                                               Schedule your ANJEC Road Show now! Reservations are
Volunteer to help with mailings                              on a first come, first-served basis. Call (973) 539-7547 or
Digital camera                                               email resourcecenter@anjec.org for more information.
Office space - 2,000 square feet, wired for high tech use,

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