Should Edison have a public advocate? Council has another chance to decide
EDISON - The Township Council may again consider creating the position of a municipal public advocate to represent residents' interests in matters before the Planning Board or Zoning Board of Adjustment.
This week's council agenda includes the possible introduction of an ordinance to establish the public advocate position. The regular township council meeting is scheduled for Wednesday.
"I believe in it," Councilman Richard Brescher said about the public advocate position during Monday's work session. "I think it's something that we need to make a case."
The proposed ordinance calls for the public advocate to represent the interests of residents in hearings before the zoning board of adjustment and the planning board in development applications that, if approved, may have a detrimental impact on the health, safety, quality of life or property values of residents.
Those factors include light, sound or air pollution, flooding, blockage of sun or view of the horizon, casting of shadows on adjacent properties, loss of privacy, increase of truck traffic on residential streets, or change in the architectural or visual character of the neighborhood, the ordinance states.
The public advocate would be empowered to hire experts to assist in evaluating development applications and to provide expert testimony at land use hearings.
The public advocate would be required to be a member of the New Jersey Bar with knowledge of land use law and would be selected by the mayor with the advise and consent of the township council for a one-year term. The mayor also would select one or more attorneys to serve as alternate public advocates in matters in which the public advocate may have a conflict.
Each land use board will provide the public advocate with a digital copy of each development application submitted to the board, the ordinance states.
Under the ordinance, if the public advocate determines a land use board's decisions is legally flawed or detrimental to the health, safety or property values of residents, the advocate is empowered to appeal the decision to an administrative agency, the township council or the courts.
The ordinance states the public advocate shall not participate in matters in which an applicant is seeking a bulk variance for a single-family residential property and is not represented by an attorney.
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The public advocate will be paid on a monthly basis by the township department of law, along with invoices for work performed by any experts engaged by the public advocate, according to the ordinance.
Last year the township council twice introduced ordinances to create the public advocate position, but second readings and public hearings were never held.
Earlier this year the council discussed the idea of getting voter approval with a ballot question to create the position of public advocate as well as using the technical review committee, which reviews development applications, to determine if expert professionals should also weigh in on projects and their impact on residents.
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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.
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.
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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 Township Council may vote on new public advocate position Wednesday