Redevelopment & Eminent Domain
Richland Village is the Pinelands Commission's touted "smart growth" model for other Villages like Newtonville, Milmay, and Mizpah. Rehabilitation and redevelopment areas are places where box stores, housing projects, and super Wawa's pop up.
It is a confusing and contradictory problem: The Department of Community Affairs and the Office of Planning Advocacy cannot approve Pinelands redevelopment projects as required under State statute, and the Pinelands Commission cannot approve redevelopment plans since it isn't addressed in the ruling Comprehensive Management Plan (CMP), yet there they are!
The designation in the Pinelands context is meaningless, but redevelopment is absolutely necessary to create “Priority Growth Zone” overlays to circumvent the CMP and make development economically viable for the big builders. 47 Villages, 26,000 acres of new "Centers of Place." It is also a bonanza for grant-writing agencies, engineering firms, water companies, and the sewer plant build/maintenance industry; and politicians who help them behind the scenes.
It is a confusing and contradictory problem: The Department of Community Affairs and the Office of Planning Advocacy cannot approve Pinelands redevelopment projects as required under State statute, and the Pinelands Commission cannot approve redevelopment plans since it isn't addressed in the ruling Comprehensive Management Plan (CMP), yet there they are!
The designation in the Pinelands context is meaningless, but redevelopment is absolutely necessary to create “Priority Growth Zone” overlays to circumvent the CMP and make development economically viable for the big builders. 47 Villages, 26,000 acres of new "Centers of Place." It is also a bonanza for grant-writing agencies, engineering firms, water companies, and the sewer plant build/maintenance industry; and politicians who help them behind the scenes.
C-1 Document, Villages are Centers of Place
03/24/2012 RE: PGIA/PPA criteria
• The Office of Planning Advocacy considers Pinelands Villages like Richland, Milmay, Newtonville, and Collings Lakes “Centers of Place,” making them Priority Growth Investment Areas, although this may change to a more ambiguous Alternate Growth Investment Areas. State investments related to the efficient development and redevelopment of previously developed sites will be encouraged.
03/24/2012 RE: PGIA/PPA criteria
• The Office of Planning Advocacy considers Pinelands Villages like Richland, Milmay, Newtonville, and Collings Lakes “Centers of Place,” making them Priority Growth Investment Areas, although this may change to a more ambiguous Alternate Growth Investment Areas. State investments related to the efficient development and redevelopment of previously developed sites will be encouraged.
C-2 Document, Notice, Your Property May be Condemned
09/25/2011 An Eminent Domain Euphemism: An Area in Need of Redevelopment
• Every house, business, and parcel of land within Richland Village redevelopment area is now considered blighted, and can be seized by any developer.
• According to real estate attorney Bill Ward, “Many owners have not understood, ignored, or simply not been served personally with notice of the pending municipal action. None of the notices alert the property owner to the prospect of condemnation through eminent domain proceedings after the ordinance is adopted.”
• Mr. Ward continues, “The notice requirement does not spell out in the text what the ultimate outcome will be; in this case, condemnation and acquisition of the property through eminent domain. How is this due process?”
09/25/2011 An Eminent Domain Euphemism: An Area in Need of Redevelopment
• Every house, business, and parcel of land within Richland Village redevelopment area is now considered blighted, and can be seized by any developer.
• According to real estate attorney Bill Ward, “Many owners have not understood, ignored, or simply not been served personally with notice of the pending municipal action. None of the notices alert the property owner to the prospect of condemnation through eminent domain proceedings after the ordinance is adopted.”
• Mr. Ward continues, “The notice requirement does not spell out in the text what the ultimate outcome will be; in this case, condemnation and acquisition of the property through eminent domain. How is this due process?”
C-3 Document, League of Municipalities Warning to Villages
06/2012 Implications regarding the Pinelands/DEP MOU on wastewater management regulations
• The League of Municipalities (LOM) put out a stern warning to municipalities with Pinelands Villages that newly adopted sewer rules that identify them as Regional Growth Centers will spur rampant growth, often with negative results.
• LOM states, “For example, municipalities may have zoning ordinances in place that allow development at much greater densities than those communities would actually desire, given an historic belief that the Pinelands Commission would never actually allow such densities. That belief may no longer be valid.”
• LOM warns that these changes will result in significant road and traffic problems, and that development impacts “may alter significantly the historic character or cultural qualities of a community.”
• LOM concludes, “All these issues, seen perhaps as somewhat foreign to many Pinelands towns and villages accustomed to slow and heavily regulated development, are now suddenly very important. A case could be made that there exists a pent-up demand for new development in many Pinelands areas that are close to the beach communities and accessible to many South Jersey recreational areas.”
06/2012 Implications regarding the Pinelands/DEP MOU on wastewater management regulations
• The League of Municipalities (LOM) put out a stern warning to municipalities with Pinelands Villages that newly adopted sewer rules that identify them as Regional Growth Centers will spur rampant growth, often with negative results.
• LOM states, “For example, municipalities may have zoning ordinances in place that allow development at much greater densities than those communities would actually desire, given an historic belief that the Pinelands Commission would never actually allow such densities. That belief may no longer be valid.”
• LOM warns that these changes will result in significant road and traffic problems, and that development impacts “may alter significantly the historic character or cultural qualities of a community.”
• LOM concludes, “All these issues, seen perhaps as somewhat foreign to many Pinelands towns and villages accustomed to slow and heavily regulated development, are now suddenly very important. A case could be made that there exists a pent-up demand for new development in many Pinelands areas that are close to the beach communities and accessible to many South Jersey recreational areas.”
C-4 Document, Attorney General: Pinelands Redevelopment
11/23/2011 Re: September 23, 2011 Correspondence to the Office of the Attorney General
• Redevelopment cannot be used anywhere in the Pinelands, until it becomes abundantly clear which entity oversees and which entity enforces Pinelands redevelopment. Not even the Office of the Attorney General was able to resolve those issues. According to the Comprehensive Management Plan (CMP, 7:50-1.4 Applicability), “It shall be unlawful for any person to carry out any development in the Pinelands Area which does not conform to the minimum standards of this Plan.” Redevelopment does not comport to the CMP (e.g., eminent domain).
• Attorney General Paula Dow lays out the background for a legal argument against Pinelands redevelopment (also see Pinelands synopsis at the end of document C-4).
11/23/2011 Re: September 23, 2011 Correspondence to the Office of the Attorney General
• Redevelopment cannot be used anywhere in the Pinelands, until it becomes abundantly clear which entity oversees and which entity enforces Pinelands redevelopment. Not even the Office of the Attorney General was able to resolve those issues. According to the Comprehensive Management Plan (CMP, 7:50-1.4 Applicability), “It shall be unlawful for any person to carry out any development in the Pinelands Area which does not conform to the minimum standards of this Plan.” Redevelopment does not comport to the CMP (e.g., eminent domain).
• Attorney General Paula Dow lays out the background for a legal argument against Pinelands redevelopment (also see Pinelands synopsis at the end of document C-4).
C-5 Document, Final State Strategic Plan Testimony
03/26/2012 Re: Priority Growth Area Designation
• A case is made that redevelopment does not exist in the Pinelands National Reserve.
03/26/2012 Re: Priority Growth Area Designation
• A case is made that redevelopment does not exist in the Pinelands National Reserve.
C-6 Document, Redevelopment Statute/Eminent Domain
01/2006 Buena Vista Township – Richland Village Redevelopment Plan
• An excerpt of page 12 of BVT's draft redevelopment plan, Richland Village: Growing Smart into the 21st Century.
• This document demonstrates that many of the Township-owned parcels were purchased before adoption of a redevelopment plan, which is a statutory violation of redevelopment law.
• Oddly, the Township plan recognized that they had purchased parcels before meeting redevelopment legal requirements. Purchasing and renting of property without satisfying N.J.S.A. 40A:12A-8b&c is not permitted under State law.
• Under this adopted plan, any of the 111 parcels within the 162-acre Richland Village redevelopment area may be taken through the condemnation (eminent domain) process to effectuate the plan if a developer so chooses (e.g. Richland General Store).
01/2006 Buena Vista Township – Richland Village Redevelopment Plan
• An excerpt of page 12 of BVT's draft redevelopment plan, Richland Village: Growing Smart into the 21st Century.
• This document demonstrates that many of the Township-owned parcels were purchased before adoption of a redevelopment plan, which is a statutory violation of redevelopment law.
• Oddly, the Township plan recognized that they had purchased parcels before meeting redevelopment legal requirements. Purchasing and renting of property without satisfying N.J.S.A. 40A:12A-8b&c is not permitted under State law.
• Under this adopted plan, any of the 111 parcels within the 162-acre Richland Village redevelopment area may be taken through the condemnation (eminent domain) process to effectuate the plan if a developer so chooses (e.g. Richland General Store).