Edison won't create public advocate post this year. Here's what it'll do instead

EDISON – Before moving forward with trying to get voter approval to create the position of public advocate, the Township Council is looking to rely on the Technical Review Committee, which reviews development applications, to determine if expert professionals should also weigh in on projects and their impact on residents.

The Council is considering that option for this year because the panel lacks the five votes needed to overturn a veto of an ordinance establishing a public advocate.

If the Council is not happy with the yearlong outcome of the Technical Review Committee, which has the ability to hire experts to review applications, it may then resort to creating the public advocate position through a ballot question, according to Council Vice President Margot Harris.

Last year the Council twice introduced an ordinance to create the public advocate position, but a second reading and public hearing was never held.

Those ordinances called for the establishment of the position to represent the interests of township residents in land use hearings before the Zoning Board of Adjustment and the Planning Board in matters in which, if a development application was approved, there would be, in the judgment of the public advocate, a likelihood of a detrimental impact on the health, safety, quality of life or property values of residents.

Some residents along with some Council members see the creation of a public advocate position as a tool to help residents fight undesirable development in the community. Residents who fought plans to build townhomes at the former Charlie Brown's restaurant site on Plainfield Road and a warehouse project in the Silver Lake Avenue neighborhood did their own research and paid for their own experts to testify against the projects.

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But other Council members expressed issues with the wording and language in the proposed ordinances as well as the liability for the township.

Previously Mayor Sam Joshi said he would veto any effort to establish a public advocate in part because of the cost and the possibility of creating conflicts of interest which could result in hefty legal fees for the township.

During last week's Township Council meeting, Harris said the Council does not have a path to a five-person veto-proof approval for a public advocate ordinance, so alternative routes are being considered, including putting it up as a referendum question during either next year's general election or a special election.

But first the Council is looking to try using the Technical Review Committee to address residents’ concerns.

Councilman John Poyner sees the Technical Review Committee as the first line of defense when it comes to development applications going before the Zoning Board of Adjustment or Planning Board.

"We can set regulations in regards to what the requirements are for applicants to provide. What they have to have in order for a certificate of completion prior to them being able to be seen before the board," Poyner said.

According to the township's code, the Technical Review Committee is responsible for reviewing all applications for development presented to the Zoning Board of Adjustment or Planning Board pertaining to site plans and subdivisions, which may include conditional use applications. The Committee consists of an administrative officer, two Planning Board members, two Zoning Board members as well as a member of the Environmental Commission, a citizen representative and a member of the Emergency Management Office.

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Poyner said Edison also needs to have its zoning laws updated and fill a position on the township's Environmental Commission with a person who will also serve on the Technical Review Committee as well as a citizens representative, appointed by the mayor, who will help make sure residents are informed on decisions. Poyner said when he served on the Environmental Commission from 2017 to 2019, he was the commission's representative to the Technical Review Committee.

Poyner said the Committee has the ability to hire experts to review an application. He added the Zoning Board previously had a budget of about $30,000, but it was increased last year to $60,000.

"We are now providing the resources necessary to at least one of the boards for them to have the additional resources where if they feel that they need additional expert testimony on an application they now have a resource to do so," said Poyner who serves as the Council's representative on the Planning Board.

Poyner said he also believes the finances were tweaked a bit for the Planning Board. But in his opinion if there is an issue with a Planning Board application, it's likely a zoning issue.

"If you have an issue with something going before the Planning Board, we need to look at what zoning code changes we may need to make in order for it to be more enforceable," he said.

"I think if we get those foundation items solid then the boards will be better equipped to defend our zoning, and in doing so will be able to promote the type of environment that the residents desire as well as if there is ever an appeal to a board's decision, we'll be able to better defend it in the appellate court," Poyner said.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Edison NJ won't create public advocate post this year