N.J. legislature’s last day targets farmland, capital punishment

Protected farms get approval to host businesses.

By Jennifer Moroz
Inquirer Trenton Bureau

TRENTON - Businesses could spring up on farmland that taxpayers have paid to protect against development under a bill approved by the Assembly and Senate yesterday.

Environmentalists had fought to kill the bill in the waning days of the lame-duck session, which ended last night. Any bill that did not receive final legislative approval expired and must be reintroduced in the legislative session that starts today.

The farmland bill still requires the signature of Gov. Codey, who signaled his support by voting for it yesterday in his role as Senate president.

Under the legislation, the state Agricultural Development Committee could issue special permits to farmers who have been paid to place their acreage in the taxpayer-funded farmland-preservation program. The farmers, who already are allowed to set up agriculture-related businesses on their property, could then host other businesses - as long as the buildings housing them were not more than 500 square feet larger than existing farm structures.

Supporters say the legislation, originally intended to permit cell-phone towers, would allow farmers to make some needed extra cash.

But Sen. Stephen Sweeney (D., Gloucester), one of 10 senators to vote against the bill yesterday, said that "it just doesn’t make sense."

"I paid to preserve it, and now they’re going to build on land I paid to preserve," he said.

Environmental groups that lobbied against the bill stalled it last month, prompting amendments that they say fail to address their concern that Wawas, fast-food restaurants and big-box stores will fill the landscape. Legislators, for example, changed the bill to prohibit the addition of parking spaces.

David Pringle of the New Jersey Environmental Federation likened the bill’s approval to "legislators^ signing off on farmers breaking the public trust."

Quipped Jeff Tittel, director of the New Jersey chapter of the Sierra Club: "All of a sudden, Old MacDonald’s farm becomes the Golden Arches."

The New Jersey State League of Municipalities opposed the bill because towns would not benefit from the new commercial activity; the legislation does not provide for an increase in tax assessment.

Advocates say the bill would level the playing field for farmers who placed their land in the preservation program before they were allowed to make extra money by hanging on to a piece for development.

Assemblyman Robert Smith (D., Gloucester), one of the prime sponsors, defended the bill as a balancing act between preserving open space and protecting farmers^ livelihood.

"It puts more money in the pockets of farmers," he said in a recent interview. "The prices they are getting for deed restrictions are grossly underestimated, in my opinion, particularly when you have developers willing to pay big bucks for the land."

Smith said that "the rhetoric coming from environmentalists is overstated... . Truthfully, it’s not economically honest, and it^s inflammatory language that has no rational basis."

Environmental groups also had sought to block another bill that gained final legislative approval yesterday. Under that bill, the state Department of Environmental Protection could allow towns that condemn contaminated land for redevelopment to take over the remediation process if it has dragged on for at least four years.

Opponents say it would give unfair leverage to towns during eminent domain proceedings. Lawyers for property owners argue it could increase public liability for the cleanups and would benefit municipalities that had redevelopment plans funded by developers.

Tittel said it would make it easier for towns to condemn land, such as Petty’s Island in Pennsauken, on behalf of private developers.

"Instead of stopping eminent domain abuse, we’re now encouraging it," he said. "This basically gives towns and developers more power to threaten and blackmail landowners."

Contact staff writer Jennifer Moroz at 609-989-8990 or jmoroz@phillynews.com. Inquirer staff writer Elisa Ung contributed to this article, which contains information from the Associated Press.