Letter to the Riverkeeper

 

Dear Bill,

 

I am writing regarding your article, “Don’t Trade Wetlands for Trinkets and Beads.”  I agree with your sentiments but I feel compelled to comment regarding your attacks on local officials. While I am sure that some of them are deserving of your ire, the local official's ability to control development and growth once a project has been proposed is extremely limited. The time to stop development is at the planning stage, not when a proposal comes before a local zoning or planning board. Additionally, continually having to respond to individual projects as they are proposed is an ineffective planning tool.

Antagonizing local officials is not the answer. Getting the local officials to plan appropriately is the answer and your organization has to participate in the effort. Making local official realize that the decisions they make will be for future generations, not for temporary economic benefit or personal advantage is the goal. Some amount of development will take place. Appropriate and factually sound planning can slow growth and ensure that when it does occur, that it will not be destructive. Local zoning ordinances need teeth to keep development out of environmentally sensitive areas and prevent off-site effects such as excessive run off caused by too much impervious cover or wetlands destruction. You need to be "invited" to participate in the master planning process of every Hackensack River Watershed community. 

Without good local planning, the character of your community is determined by the developer and by economic forces, not by common sense and intelligence. Economics is not a good planner. The developer will build whatever and wherever local zoning laws permit. The developer will build whatever makes the biggest profit. Only good planning in conjunction with appropriate ordinances can shape or control what the developer does. In an environmentally sensitive area, like the Hackensack Meadowlands, long-term effects on natural resources must be part of the process. Strong appropriate zoning laws to control growth used in conjunction with an aggressive open space preservation program is the key to intelligently shaping the future of your watershed.  

Our state's laws are designed to permit development. If a building proposal conforms to local zoning ordinances, that proposal cannot be stopped. The fact that the building industry is the only economic sector that does not have to contribute from its profits to mitigate the effects of its profit-making activities on the community as a whole is testament enough to the builder's political clout. Additionally, the developer has substantially more resources than the typical small town.  Local communities do not have either the resources nor the authority of law to stop development.

I am the mayor of Chester Township, a small semi-rural community in Morris County. I enjoy strong local support for land preservation. My community has good financial resources and we are in an area designated as environmentally sensitive. With all of these assets, I am still at a disadvantage when it comes to fighting builders. Even with our restrictive zoning ordinances, the builders are "happy" to comply because they will still make a healthy profit, as long as they get to build. I cooperate with the Nature Conservancy, the New Jersey Conservation Foundation and the Upper Raritan Watershed Association as planning partners to try to help level the playing field.  However, in the long run, we are always playing catch-up. 

Right now, there is only one way to stop development. That is to buy either the land or the development rights to the land. (Of course, donations are always welcome!)  This process requires three elements: 1. A willing seller; 2. A willing buyer; and 3. Sufficient funding. Without all three elements, the deals don't happen.  My community has been fortunate in having had some success with our preservation efforts. We have been able to strike deals with willing sellers. The willing buyer has never been a problem. Finally, we have been able to tap into diverse sources of funding to pay for our deals. However, I can only preserve one, maybe two, tracts of land each year. At the same time, six or seven properties come before our planning board for development. Also, we have to be mindful of exhausting our borrowing capacity, which could hamper our ability to make future deals. Even with an aggressive land preservation effort, the odds are still in the developer’s favor.

Your organization has to insure that it is a part of the solution. You need to aggressively try to broker land deals. Local officials are often not sophisticated enough or aggressive enough to make the land deals. This is where you can make a big difference. You need to make sure local officials know that it is cheaper in the long run to buy the land vs. providing services to the development, even before you factor in the social and environmental costs. This will insure strong political support for preservation efforts. Finally, you need to be a partner in the land deals. Since your organization is eligible for non-profit open space grants from the state that can be used in conjunction with grants to the municipality, you can help fund the purchases.  This is important because of the high land costs in New Jersey. A small community can easily be tapped out by just one large deal. The state’s support, even with the commitment to preserving 1,000,000 acres, is woefully inadequate for the task. 

Maybe as a local official myself, I am a bit more sensitive to the barbs you have hurled at your local officials. The job of a small town mayor is not an easy one. While I don’t pretend that every local official acts responsibly, some of the responsibility lies with organizations such as yours. I know that as a practical matter, the only way for the environmentalist’s perspective to effectively be part of the planning process is for there to be an environmentalist sitting as a welcome guest at the planning table. The builders’ interests are always heard loud and clear at the local and state level. Just being the "right thing to do" won't get you a seat at the table. Name-calling isn't the way to get that invitation either. It has to be in the best political interest of local officials to voluntarily ask you there.

The political part is easy. New Jersey is home to more Superfund sites per square mile than any other state in the country. Ninety percent of New Jersey residents want more open space. (The other 10% are developers.)  Traffic and suburban sprawl are killing us while we leave already developed urban centers as rotten cores. People are sick and tired of unchecked development and environmental degradation. Making your point of view a part of the local politicians agenda is a realistic goal. It's up to you to make it happen.

 

See you on the River,

Ben Spinelli