New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for February, 2011

New Jersey Future’s 2011 Redevelopment Forum Set for March 4 in New Brunswick

Posted by Phil Morin on February 18, 2011

New Jersey Future’s 2011 Redevelopment Forum will be held on Friday, March 4 at the Hyatt Hotel and Conference Center in New Brunswick, New Jersey. To register at the early-bird rate of $85 for New Jersey Future members and $125 for non-members click here (NJF also accepts purchase orders).  After Feb. 18, admission is $100 for New Jersey Future members and $140 for non-members. NJF has also applied for 5.5 AICP Certification Maintenance (CM) credits and will be applying for CLE Credits. If you have any questions, please contact Marianne Jann at 609/393-0008, ext. 101.

Florio Perrucci partners Governor James J. Florio, and Philip J. Morin III will each be serving as panelists at the Forum and the firm will be a co-sponsor of the cocktail reception following the Forum.  Details of the panels are below:

Renewables and Redevelopment? Balancing Redevelopment with Green Energy Production  -  Should spaces like brownfields and landfills be used as solar panel “fields”? Or should they be redeveloped with offices, housing, and transit? Is there a way to make both possible? This panel will highlight recent case studies in Trenton and Jersey City, and look at the types of ordinances communities are putting in place to allow these projects.

Panelists:

  • Michele N. Siekerka, Esq., Assistant Commissioner for Economic Growth and Green Energy, New Jersey Department of Environmental Protection (Moderator)
  • Governor James J. Florio, Founding Partner, Florio, Perrucci, Steinhardt & Fader
  • Alfred Matos, Vice President – Renewables and Energy Solutions, PSE&G
  • George Vallone, President, Hoboken Brownstone Company

Areas in Need of Rehabilitation: Exploring the Potential and Limitations  - The successful redevelopment of an area does not always have to involve the acquisition, clearance and assemblage of multiple properties for new buildings and uses. In many cases, the designation of an “area in need of rehabilitation” may be the a better option. In this session, speakers will explore the tools available to towns with this designation, its limitations as well as strategies for using the area- in-need-of rehabilitation designation as part of a broader revitalization strategy.

Panelists:

  • Philip J. Morin III, Esq., Partner, Florio Perrucci Steinhardt & Fader (Moderator)
  • Anne Babineau, Esq., Partner, Wilentz, Goldman & Spitzer, P.A
  • Marta Lefsky, Director of Planning & Development, Woodbridge Township
  • Raymond McCarthy, Mayor, Town of Bloomfield
  • David G. Roberts, AICP, PP, LLA, RLA, LEED-AP, Department Manager, Maser Consulting PA

Posted in Alternative Energy, Eminent Domain, Environmental Issues, Redevelopment, Transportation | Leave a Comment »

Bills Mandating Public Charging Stations On Toll Roads, In New Shopping Center Developments, Advancing in Legislature

Posted by Phil Morin on February 15, 2011

Two bills to promote the development of public charging stations for electric vehicles are advancing in the legislature.  One bill, S2603, requires the Department of Transportation to install charging stations along toll roads such as the New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway.  The bill does provide for recouping cost of delivery from motorists, but no fiscal analysis appears to be publicly available, either for potential charges to motorists or to the ultimate cost of development and installation of the charging stations, although the article cited below does provide some estimated costs.   

According to the bill, “The authority shall determine, in consultation with the Board [of Public Utilities] the costs to the authority associated with the installation of, and provision of electricity through, the electric vehicle charging stations, and shall recover such costs from motorists who use the stations, in proportion to their use.”

A second bill, A3647, requires developers of new shopping centers which contain 100 or more parking spaces to install charging stations in a minimum of five (5) percent of the parking spaces as part of the development.   The Assembly Appropriations Committee Statement addresses recovery of costs as follows:  “The bill directs the Board of Public Utilities to set the maximum price the charging station owners may charge, and the Division of Taxation will promulgate regulations to enforce that limitation and will enforce rules concerning the posting of prices by shopping center owners. Note that this regulatory scheme is similar to the Division of Taxation regulation of the retail sale of motor fuels pursuant to N.J.S.A.56:6-1 et seq.”   

The Star Ledger reports today on the progress of both bills:

Electric vehicles get only so much mileage out of a full battery charge, and motorists can’t depend on the same outlets that power their cell phones or laptops. All that raises the question of public charging stations, which New Jersey legislators have been considering as a new lineup of hybrids and all-electric models heads to dealerships.

“The biggest issue with electric vehicles is clearly the range-anxiety problem,” said Jesse Toprak, an auto industry analyst at TrueCar.com. “Either the battery range needs to get longer, or you need to have a good network of charging stations that is practical and easily accessible.”

One bill to set up charging stations along New Jersey’s toll highways cleared a Senate committee 3-2 Monday.

Legislators and environmentalists said public charging stations are key to cutting pollution, reducing U.S. foreign-oil dependency, and stimulating electric car sales. The stations would be built on parking lots in all but one of the service areas on the New Jersey Turnpike, the Garden State Parkway and the Atlantic City Expressway.

“There are very large numbers (of cars) being produced obviously with the expectation that they’re going to be bought, so we need to be prepared,” said Sen. Linda Greenstein (D-Middlesex), the bill sponsor.

Transit officials estimated each station would cost more than $5,000 to build, and while they supported the idea behind the bill, they raised concerns about investing up-front and recovering costs from drivers, as the bill currently stipulates.

Greenstein told the Environment and Energy Committee she is looking for other ways to fund the project, and legislators urged her to seek federal funds or private investment. She hopes to bring the finished bill (S2603) to the Senate floor within months.

Assembly Majority Leader Joseph Cryan (D-Union), who is sponsoring the bill in his chamber, said an amendment currently in the works would lower the required number of charging stations per service area, which would drive costs down. He also said the price per station comes down to $1,250 with a federal tax credit.

“After tax credits, it’s extremely manageable,” he said.

Another bill pending in the Assembly (A3647) would require any new shopping centers to provide the same kind of charging stations in their parking lots. Under that bill, the Board of Public Utilities would set pricing standards for the shopping centers.

At the Senate committee hearing, environmentalists praised Greenstein’s bill and encouraged transit authorities to pay for it. Jeff Tittel of the Sierra Club said at least 10 all-electric and 10 hybrid models are coming out in the next two years.

“The Turnpike Authority is widening roads, they have plenty of money for that, but they should have some money for green technology as well,” he said. “The cars are coming. We need to get that infrastructure moving.” //

 To view S2603, click here.

To view A3647, click here.

Posted in Alternative Energy, Green Legislation, Transportation | Leave a Comment »

Report Shows Increase In Property Values in Communities With “Transit Village” Designation

Posted by Phil Morin on February 12, 2011

Highlands At Morristown Station

A recent report issued by the Voorhees Transportation Center at the Rutgers’ Bloustein School that was commissioned by the New Jersey Association of Realtors Government Research Foundation found that while property values in municipalities with “Transit Village” designations increased, it appeared that those communities with aggressive planning and local government support were thriving regardless of the formal designation.

According to an article by John Celock in AOL’s online community newspaper, The Cranford Patch:

A report released Friday [February 4, 2011] shows that property values in towns designated as Transit Villages have risen the most in communities with an infrastructure behind the designation.

The report, commissioned by the New Jersey Association of Realtors Government Research Foundation and conducted by the Voorhees Transportation Center at Rutgers’ Bloustein School, showed an increase in property values for the towns with the designation, but did not directly connect the rise to the status. The study showed that the communities with strong planning and government programs in place have helped the residential property values rise the most in Transit Village communities. 

“The Transit Village designation is helpful but it is not needed,” said Robert Noland, the director of the Voorhees Center, in a Friday conference call with reporters. “It is the better planning and the stronger leadership.”

The Transit Village designations were implemented by the state in 1999 to promote mixed-use residential and commercial development around train stations and in downtowns. Twenty communities have received the designation from the state Department of Transportation, along with funds to assist with the planning of mixed-use development near the train stations. 

Noland said his research did not see the direct correlation between the designation and the property value increase. He said factors such as special improvement districts, commitment from the business community, government support and work from municipal land use officials helped the property values rise. 

. . . .

Cranford’s Transit Village status, granted in 2003, has led to the construction of the Cranford Crossing mixed-used project on South Avenue, along with consideration of a mixed-use development along the Rahway River across from the south side of Cranford’s train station.

In Morristown, one of the original Transit Village communities, Michael Fabrizio, the executive director of the Morristown Partnership, which runs the town’s special improvement district, said he agrees that the Transit Village designation was not the only thing responsible for property value growth in the town. He places the bulk of the credit with New Jersey Transit’s decision in the 1990s to upgrade the Morris and Essex rail line to have direct access to midtown Manhattan. 

Fabrizio said the Midtown Direct access led to the town seeking the Transit Village status and putting into place a series of mixed-use developments in the downtown area. In the last decade, Morristown has seen a growth in businesses, bars and restaurants in the downtown, along with new apartment and condominium projects. This includes the teardown of the former Epstein’s Department Store across from the Morristown Green and construction of a mixed-use condominium, parking and retail project, along with the development of new condos on the grounds of the Vail Mansion.

“At the end of the day, the significance of the transit hub is important,” Fabrizio said.

For a link to the NJDOT’s Transit Village Initiative, click here.

Posted in Redevelopment, Transportation | Leave a Comment »

Senator Lesniak To Withdraw S-1, Introduce New Affordable Housing Legislation

Posted by Phil Morin on February 7, 2011

In the wake of Governor Chris Christie’s conditional veto of S-1, Senator Raymond Lesniak has announced that he will withdraw S-1 and introduce new legislation that will “take the best” of the Governor’s, Senate’s and Assembly’s ideas and repackage it in a new bill.

Senator Lesniak has not provided any specifics on the new legislation, but, according to a press release from the Senate Democrats, Senator Lesniak stated that the new bill “will inject rationality into New Jersey’s affordable housing laws.”

“It’s not just about compromise for the sake of compromise,” said Senator Lesniak, D-Union. “It’s about forging a compromise that creates good public policy. That’s what the people of the State of New Jersey want us to do, so we should just do it.”

Senator Lesniak explained that all three versions of affordable housing reform have positive and negative aspects. With the new legislation introduced he hopes to find common ground between all parties interested in rational affordable housing reform in New Jersey.

“Rather than continue to beat our heads against a wall and beat our chests proclaiming our way is the only way, this new bill will meet everyone’s goals except those who want to keep COAH in place,” said Senator Lesniak. “It’s become apparent that COAH has failed, but there are still some who will try to sabotage any attempt to change its convoluted, top-down, micromanagement of housing policy that has produced insufficient affordable housing and stifled job creation and economic growth. It’s time to move beyond the policy relics of the past, and focus on creating affordable housing, jobs and economic opportunities for New Jersey’s future.”

The bill will likely be referred to the Senate Economic Growth Committee for consideration, which Senator Lesniak chairs.

Thanks to Conor Fennessy, VP for Government Affairs at the New Jersey Apartment Association, for pointing out this release.

For a link to the press release, click here.

For a link to the version of S-1 that passed both houses of the Legislature, click here.

For a link to Governor Christie’s conditional veto, click here.

Posted in Affordable Housing, Legislation | Leave a Comment »

 
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