State
of New Jersey
Executive
Order #38
Governor James
E. McGreevey
WHEREAS, we are faced
with a challenge of accommodating continued growth in New Jersey while
ensuring that the State's citizens retain a quality of life that is not
diminished by congestion and sprawl; and
WHEREAS, we will
only succeed in this planning effort if we adhere to smart growth principles
- in particular, we must stop subsidizing sprawl, focus on redevelopment
and push for smarter regulations; and
WHEREAS, the redevelopment
of designated smart growth areas complements important public policy goals
of revitalizing the State's urban, suburban and rural centers and preventing
endless sprawl, while avoiding the degradation of natural and agricultural
resources, the impairment of environmental quality, increases in local
property taxes, and the overburdening of local transportation systems
and other infrastructure; and
WHEREAS, various
State agencies have important roles to play in the redevelopment of localities
that should be redeveloped because of their proximity to existing public
services and infrastructure; and
WHEREAS, coordination
among these agencies and the targeted utilization of available State resources
are critical to ensuring smart growth and the conservation of undeveloped
regions of the State;
NOW, THEREFORE, I,
JAMES E. McGREEVEY, Governor of the State of New Jersey, by virtue of
the authority vested in me by the Constitution and by the Statutes of
this State, do hereby ORDER and DIRECT:
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The Housing
and Mortgage Finance Agency is hereby directed to develop and implement
a self-sufficient homebuyer's incentive program for first-time purchasers
of homes in areas designated for smart growth.
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In order to
encourage redevelopment, the Economic Development Authority (EDA)
shall make short-term loans available to developers to offset pre-development
funding gaps and funding requirements for brownfields remediation.
These loans shall be made at such rates and upon such terms as the
EDA Board of Directors deems appropriate.
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The Commerce
and Economic Growth Commission (Commerce Commission) shall continue
to act as a single point of entry for businesses and developers seeking
to locate or expand in New Jersey. The Commerce Commission shall continue
to provide financial incentives and/or information, consistent with
its current programmatic responsibilities, to existing or prospective
businesses or developers concerning available incentives for business
expansion, relocation or related development projects.
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In consultation
with the Commerce Commission, the Office of Smart Growth within the
Department of Community Affairs (DCA) shall establish a reasonable
priority of projects and recommend investments through a "super-incentives"
approach that targets existing resources for projects in areas designated
for smart growth. This initiative shall coordinate, in a unified approach,
all of the programs currently administered by relevant state agencies.
DCA shall identify a set of permissive criteria that will provide
participating, qualifying municipalities priority consideration under
this unified approach.
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Relevant State
agencies and the Office of Administrative Law shall develop and implement
a system that will give priority to applications and appeals involving
development and redevelopment in areas designated for smart growth.
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DCA shall prioritize
existing resources in order to enhance technical support to municipal
zoning and planning boards that commit to smart growth principles.
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DCA shall ensure
timely inspections on a Statewide basis and implement a pilot program
providing for immediate DCA inspection of projects in areas designated
for smart growth whenever local code officers fail to meet the standards
of timeliness set in the Uniform Construction Code.
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DEP, in consultation
with interested State agencies, municipal governments, and affected
constituents, shall initiate a comprehensive program of regulatory
reforms that will increase the predictability of regulatory outcomes,
facilitate smart growth, strengthen regulatory protection of public
health, safety and significant environmental resources, and integrate
the assumptions and planning of other agencies. DEP shall closely
coordinate this effort with the Office of Smart Growth.
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DEP shall establish
a mechanism, including appropriate safeguards, allowing the use of
pre-qualified consultants to perform scientific and other professional
reviews required of developers in order to expedite project review
and implementation for brownfields redevelopment and in other smart
growth areas as determined in coordination with the Office of Smart
Growth.
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DEP shall develop
and implement a program utilizing mitigation fees, accounts and other
market approaches that will expedite the restoration of environmentally
impacted properties, facilitate regulatory review, reduce uncertainty
and promote cost-effective and environmentally sound approaches to
smart growth.
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The Environmental
Infrastructure Trust, under the direction of the DEP Commissioner,
shall establish and implement a program to reduce infrastructure finance
costs in designated smart growth areas in coordination with the Office
of Smart Growth.
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In selected redevelopment
areas (Asbury Park and Camden have been identified to date), DCA is
hereby directed, in cooperation with municipalities, to develop a
model approach that allows DCA to (a) serve as a point of contact
for all permit applications to State agencies, track permit applications
and expedite approval; (b) act as liaison between developer and State
agencies granting approvals and provide the developer with status
reports on the progress of State agency approvals; (c) assist in identifying
features of the project that will require State agency approvals;
(d) investigate areas where projects may require special consideration
under State rules and assist in offering possible solutions; (e) review
plans and specifications for compliance with the Uniform Construction
Code; (f) issue building permits (verifying that all prior approvals
have been granted) and (g) perform all necessary inspections under
the Uniform Construction Code.
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The Department
of Transportation (DOT), together with appropriate independent and
bi-state authorities, shall coordinate and consult regarding the planning
and implementation of transportation infrastructure. DOT shall develop
a Statewide master capital plan encompassing input from all transportation
authorities.
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DOT shall work
with the DEP and all other State agencies, as required, to implement
a permit coordination program to expedite capital transportation projects
in designated smart growth areas.
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DOT shall review
the processing of permit applications, including highway access permit
applications, and target resources to such applications that are located
in areas designated for smart growth.
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DOT is directed
to work with New Jersey Transit and other transportation entities
throughout the State to develop and maintain a master list of park-and-ride
lots, including their parking capacity, at mass transit facilities
and transportation centers in order to identify the capacity needs
related thereto and to implement in its upcoming annual Transportation
Capital Program a demonstrable commitment toward solving the parking
capacity needs at the State's mass transit facilities.
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This Order shall
take effect immediately.
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GIVEN, under
my hand and seal this day of in
the Year of Our Lord, Two Thousand and Two,
and of the Independence of the United States,
the Two Hundred and Twenty-Seventh.
/s/ James
E. McGreevey
Governor
[seal]
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Attest:
/s/ Paul A. Levinsohn
Chief Counsel to
the Governor
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