The synopsis of Senate Bill 4048 appears to be pretty straightforward: It prohibits a county or municipality from approving construction of certain warehouses on a lot of land within 1,000 feet of historic district.
That makes sense: Who wants a big warehouse near any of New Jersey’s incredible historic sites?
The bill, however, isn’t what it seems.
At least that’s the take of NAIOP New Jersey CEO Dan Kennedy, who is outwardly and aggressively speaking against it — and against version A-5241, which is going through the General Assembly.
Kennedy, and many others, feel the bill is specifically targeted at one project: An effort by the Borough of Allentown to stop a project that has been approved by Upper Freehold — a project that already is under litigation, filed by Allentown.
NAIOP – New Jersey normally does not get involved in disputes over individual projects. Kennedy said it is stepping in here because he feels a bill that is narrowly focused on one project could have a much broader implication on all projects moving forward.
“This bill could (if amended down the line) impact any asset class in any area,” he said. “That’s what is so concerning. We feel the bill has been introduced to stop one project, but if it’s passed, what’s stopping another mayor or another council from using this tactic and asking the Legislature to pass another new bill — to stop another project opposed by local NIMBYs?
“Maybe down the line an aggrieved mayor will want the buffer to be 500 feet. Maybe they’ll want to use it to stop affordable housing. Maybe they’ll want to expand ‘historic site’ to school or hospital or another perceived sensitive receptor.”
To be sure, Kennedy knows a thing or two about this process. He is a licensed professional planner with a Master’s degree from Rutgers in city and regional planning. He has chaired a local planning board.
Kennedy said he feels the legislation is the ultimate example of NIMBYism gone too far — that a group in Allentown simply wants to stop any project from going up on the 60-acre piece of property in Upper Freehold that abuts the municipal line.
Kennedy points out that the property has long been zoned for industrial use — and, since the project already has been approved under existing regulations, it should not be blocked by a law from Trenton that is passed after the fact.
End of story? Not quite.
The bill is sponsored by two powerful members of the Senate: Majority Whip Vin Gopal (D, Tinton Falls) and Majority Caucus Chair Troy Singleton (D, Moorestown) — who did not offer a comment.
Throw in the fact that it’s a gubernatorial election year — and that the general public can easily be swayed to be anti-warehouse — and you’ve got concerns.
That’s how David Greek, managing partner of Greek Real Estate Partners and the chair of Circulate NJ, sees it.
Circulate NJ, consisting of dozens of members connected to the often-misunderstood warehouse/ecommerce/logistics industry, was created for moments like this, Greek said.
Greek said Circulate, which aims to educate, has a lot to explain — and must do it in the face of often fierce opposition.
“I am very concerned that there’s a general anti-warehouse, anti-industrial sentiment amongst legislators that has been somewhat exacerbated by the fact that we’re going through a gubernatorial race this year,” he said.
The anti-warehouse feeling isn’t going away – and won’t no matter who wins, Greek said.
“It’s not particularly party specific,” he said. “Both the Democrats and some of the Republican candidates have indicated that they would be in support of restricting some development of industrial moving forward.
“We have a lot of educating to do.”
The bills have a way to go in both houses, each of which has advanced it through one committee.
In the Senate, it was referred to the Community and Urban Affairs Committee on Jan. 14.
In the Assembly, where it is sponsored by Carol Murphy (D, Mount Laurel) and Luanne Peterpaul (D, Tinton Falls), it was referred to the Assembly Commerce, Economic Development and Agriculture Committee on Jan. 30.
The bills still need to get out of committee and then posted for full votes. And, if it passes all that, it has to be signed by the governor.
Will that happen? Kennedy and Greek will only say they are hopeful it won’t.
“I think most legislators see it for what it is and recognize that this is not the proper way to go about killing a project, if that’s the goal,” Greek said.
Kennedy agrees with that — noting that he hopes legislators see the even-bigger-picture issue.
“At this juncture, I think it’s more about the principle of what is the rightful role of state government in a home-rule state — and when should a higher level of government intervene in a dispute between two towns when another arm of the government, which is the judicial system, is already involved,” he said.
Of course, if you want to say this is just a warehouse bill, Kennedy said NAIOP New Jersey is ready to fight on that point, too.
“This is just a really bad idea,” he said. “The fact that it’s been narrowed down specifically to attack one project is not loosening our resolve to oppose the concept.”
