Beyond Regulation: Special Improvement Districts, Design Review and Place-making in New Jersey

Abstract

Business improvement districts have become increasingly involved in shaping urban policy. In New Jersey, localities are showing interest in legislation that allows the delegation of design review to BIDs. Examining delegations in Bayonne and Maplewood, the paper illustrates the issues that arise when BIDs are proactively involved in both the development of review guidelines and the design of project proposals in addition to their regulatory role. Specifically, it is argued that this raises risks of the capture of the legislative process, bias and conflicts of interest. The paper concludes by offering practical suggestions to improve accountability and fairness in such innovative arrangements.

Notes

 1. These are: Bayonne Town Center, Maplewood Village Alliance, Springfield Avenue Partnership, Cranford Downtown Management Corporation, Intown Livingston, Rutherford Downtown Partnership, Millburn Downtown Alliance, and the Atlantic City Special Improvement District.

 2. See Morristown Road Associates 394 A 2d. 157 (1978), and Broadrick v. Oklahoma, 413 U.S. 601 (1973).

 3. Phone interview with Carlos Rodriguez, New Jersey Director of the Regional Plan Association, 25 February 2008.

 4. See N.J. Stat. Ann. § 40:55 D2i, D-37.

 5. For recent opinions on design review in the state, see United Property Owners v. Belmar 343 N.J. Super, 62–3 (App Div), cert den 170 NJ 390 (2001); Eastampton Center v. Township of Eastampton 155 F Supp. 2d 102, 119 D N.J. (2001); Damurjian v. Board of Adjustment 299 N.J. Super 84, 97 App Div (1997).

 6. Interview with George Henley, attorney specialized in NJ municipal affairs, Newark, NJ, 19 April 2008.

 7. Written communication with John Lynch, former Mayor of New Brunswick, 15 April 2008.

 8. See N.J. Stat. Ann. § 40:56–66.

 9. Allan Houston of the firm the Atlantic Group and Donald Smartt of the firm the Community Advocates played important roles as consultants.

10. Interview with Seth Grossmann, Director the Newark IronBound SID, Newark, NJ, 11 February 2008; Interview with Don Smartt, Principal at Community Associates, Maplewood, NJ, 3 July 2008.

11. See for example the opinions in Whitman v. American Trucking Associations, Inc. 531 U.S. 457 (2001).

12. See N.J. Stat. Ann. § 40:56–66.

13. Interview with Patricia Murphy, BTC chairwoman, 28 December 2008.

14. Phone communication with David Milder, Economic Development Consultant, 22 May 2008; Phone communication with Mary Divock, BTC director, 28 May 2008.

15. David Milder reflects on his experience in Bayonne on his company website. Available at http://www.danth.com/ (accessed 20 June 2009).

16. Bayonne Municipal Code § 10–2.

17. Interview with Walter Chatham, BTC consultant, 28 May 2008.

18. BTC design guidelines. Available at http://www.bayonnetowncenter.com/investing_facade.htm (accessed 10 January 2008).

19. See http://www.bayonnetowncenter.com. The consultant was Westfield Architects of Haddon Heights at the time of the study.

20. SID project application files for 638–644, 577–583, and 472 Broadway.

21. SID project application files for 537–543, 435–439, 414 and 528–532 Broadway.

22. Interview with Allison Ziefert, former MVA director, Maplewood, NJ, 20 March 2008; Interview with Amy Koehler, former MVA director, Maplewood, NJ, 24 January 2008.

23. Interview, Koehler; Interview with John Branigan, MVA design committee, New York, NY, 2 April 2008.

24. Interview with Jerry Ryan, former member of Maplewood Planning Commission, Maplewood, NJ, 3 April 2008.

25. Interview, Ziefert; Interview, Branigan; Interview, Ryan.

26. Interview, Ryan.

27. Interview, Koehler.

28. See also Township of Maplewood Code of Ordinances. Section 237–.1 Design Criteria (Added 7–6–1999 by Ord. No. 2095–99).

29. Interview, Ziefert; Interview with Virginia Falconer, former MVA director, Maplewood, NJ, 13 March 2008.

30. Phone interview with Ellen Davenport, former mayor of Maplewood, 9 April 2008.

31. Interview, Branigan; Interview with John James, MVA Chairman, Maplewood, NJ, 26 March 2008.

32. Maplewood Planning Board, Board Minutes, file 10 October 2000.

33. SID project application files for 163 Maplewood Ave., 5 Highland Place.

34. SID project application files for 180, 175, and 165 Maplewood Ave.

35. SID project application files for 97 and 100 Baker St., 183 Maplewood Ave.