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Editorials May 17, 2007
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Time has come for Jackson to tackle overdevelopment
Gregory Auriemma
Guest Column

Unprecedented massive develop-ment is riding high on a money-fueled, fast-tracked freight-train in Jackson. It runs rough-shod over Jackson's quality of life and challenges neighboring communities, too. In response, there has arisen a strong, collective voice that rivals the best tradition of populist challenge and change. It is the voice of the average citizen that opposes this incestuous behemoth bred by profit and power. But too few of Jackson's elected and appointed officials are listening.

The Sierra Club, together with the Pinelands Preservation Alliance, SPARE, Save Barnegat Bay, the Grawtown Environmental Organization and the New Jersey Environmental Federation, is drawing a "line in the sand" in Jackson. "Overdevelopment" stops here and now.

The specter of 7,500 new homes and a 50 percent increase in population with its burden on taxes, schools, municipal services, quality of life and the environment is frightening. Kudos belong to the handful of Jackson officials who have fought overdevelopment. Unfortunately, the majority have chosen to raise the white flag of defeat and surrender the public interest without a fight.

The Sierra Club and its allies do not have all the answers. However, we do believe there are at least 10 legal tools available that Jackson officials must consider:

+ The single most important step Jackson can take to stop overdevelopment is to "down-zone." Jackson is now re-examining its master plan. In doing so, it must act boldly to decrease overall building density. Critics may argue that previously approved projects would not be affected. However, under New Jersey's Municipal Land Use Law, "grandfathering" is inapplicable where the purpose of rezoning is to protect public health and safety.

A big chunk of proposed development is near the Metedeconk River which serves as the drinking supply for 100,000 residents in Brick, Point Pleasant, Point Pleasant Beach and the Ramtown section of Howell. Areas that "recharge" the aquifers for Jackson's own 52,000 residents would also be impinged. The possible negative impacts on the quality and quantity of drinking water for more than 150,000 people might defeat legal challenges to "down-zoning."

+ But it would be imprudent to simply spread out less dense "checker-board" development. A new master plan should also establish priorities for preservation. Transfer of Development Rights (TDRs) offer a marketplace tool Jackson can employ to protect priority areas while providing fair compensation to willing land owners. And TDRs don't cost taxpayers a dime.

+ The state Department of Environ-mental Protection just proposed Category 1 protection for the Toms River, including sources in Jackson. C-1 mandates 300-foot "no-build" buffer zones. C-1 may help put the brakes on overdevelopment, particularly south of Cassville Road. But it's not a done deal. Jackson officials should vocally rally behind C-1. In waterways not protected by C-1, Jackson can still create its own local riparian buffer zones to slow potential overdevelopment in non-C-1 areas, especially north of Cassville Road.

+ Sadly, the Jackson Planning Board recently approved a massive 1,000-unit project where it was clear "eminent domain" will be used to take citizens' homes. Jackson must pursue an aggressive program to acquire more open space even with recalcitrant developers. Indeed, under a recent state Supreme Court ruling, Jackson can compel them to come to the bargaining table to negotiate purchasing their open space. Why is the power of government being used against citizens but not for them?

+ Jackson already has on its books some environmental safeguards in its land use laws. They must be strengthened, including adding provisions to retain natural landscaping and native vegetation where feasible. In the interim, existing laws must be strictly applied. Restrictions against projects having "an unreasonably adverse impact" exist. But such provisions, particularly when measured against the cumulative effects of massive overdevelopment, are ostensibly being ignored.

+ Overdevelopment is being expedited in Jackson by jointly granting preliminary and final planning approvals. It is being further eased along by providing "conditional approvals" which is a fancy name for invitations to developers to make private "back-room" deals outside of the public eye. These practices must stop.

+ Where Jackson citizens raise legitimate questions regarding the accuracy of developers' own paid "experts" on wetlands, threatened and endangered species, critical habitat, etc., Jackson should undertake its own studies. Identifying endangered species would be particularly important in limiting overdevelopment in the Grawtown-Bowman area where Pinelands rules supersede local zoning.

+ Large development applications frequently require state approvals. Jackson officials should be their citizens' "watchdogs" to ensure that statewide laws are being strictly adhered to. If not, Jackson should be prepared to challenge any ill-advised permits.

+ Jackson's land explosion will clearly ripple across nearby communities. Jackson must reach out to officials in those com-munities to join the fight against overdevelopment particularly as it pertains to acquiring open space in the Metedeconk River watershed.

+ In many ways, the crisis in Jackson is not only an environmental challenge, but a test for democracy. Ultimately, the question is whether the future of Jackson will be determined by thoughtful community consensus or the interests of a powerful few. As a first step to reign in the inordinate political influence of developers, Jackson must adopt a strict developer campaign contribution disclosure law.

Every official has the easy option to side with moneyed interests. It is the path of least resistance. But it is disingenuous to say there is no choice. The time has come for Jackson officials to join its citizens' chorus. The Sierra Club and its environmental allies call on them to do so.

A. Gregory Auriemma is the chairman of the Sierra Club of Ocean County. Jack-son residents are invited to a citizens rally at 7 p.m. May 18 at St. Vladimir's Church, Perrineville Road, Jackson.