may 2001

Land Development Projects in Need of Sewer Permits Will be Dramatically Affected by the Proposed New Rules of the New Jersey Department of Environmental Protection (DEP)

BACKGROUND

Sewer service will be affected by the proposed new DEP rules promoting the so-called “smart growth” policy of the recently adopted State Development and Redevelopment Plan. The Plan seeks to restrict growth in undeveloped areas in favor of encouraging growth in urban and older suburban areas. The proposed sewer service rules, if adopted, will give “teeth” to the Plan.

Here are some important issues to keep in mind:

Projects targeted in areas without existing or approved sewer service will face severe obstacles in obtaining development approvals.

Projects within approved sewer service areas may find that there is insufficient sewer service capacity because of outdated or overburdened sewer systems.

Little public funding will be available to extend existing sewer service, or to upgrade existing sewer systems, even in areas encouraged by the Plan.

WE RECOMMEND

Carefully examine whether your development plans are in a recognized and approved sewer service area. Creative approaches and solutions are available to generate additional capacity to an existing system by repairs or by other cost efficient improvements. Make certain that all contracts for new development or expansion of existing facilities contain provisions addressing the availability and need for additional sewer service capacity.

If you have any questions concerning the proposed new DEP rules or their application, please contact John J. Reilly.