6B — August 11 - 24, 2017 — Central New Jersey — M id A tlAntic

Real Estate Journal


C entral n ew J ersey

Annual update focuses on site remediation and water quality management NAiOP NJ Seminar: Regulatory, legislative and environmental issues impacting commercial RE N

the time of the application. “For developers, this issue is criti- cally important to processing an application,” said McGuinness. “The applicant is appealing and NAIOP NJ filed a motion for permission to participate.” (This motion was granted on July 18). Site Remediation update The first of two panel dis- cussions examined key issues related to the Site Remediation Reform Act (SRRA), which has changed the process used to conduct environmental investi- gations and cleanups in New Jer- sey. A panel led by irene Kropp , senior environmental consultant at langan Engineering & Environmental Services , focused on the success of the LSRP program (Licensed Site Remediation Professional) and a preview of proposed changes to the act, known as SRRA 2.0. “Since the advent of SRRA, the number of contaminated sites in the state has dropped from over 20,000 to 14,000,” said Mark Pedersen , assistant commissioner for NJ DEP ’s Site Remediation and Waste Man- agement Program. “In 2015 and 2016, we closed fewer sites than we brought into the program. However, this trend has been reversed in the first six months of this year, and by the end of 2017 we hope to be below 14,000 sites. It’s exciting to see these numbers come down.” Pedersen credits this progress to the success of the LSRP pro- gram. “We are getting out of the way and allowing LSRPs to do what they do best,” he said. How- ever, the DEP continues to work to reduce the amount of time it takes to process remediation ac- tion permits. “We were told we were taking too long and chal- lenged the team to work faster. The department’s processing time is now 120 days and we’re working to lower it.” Panelists exchanged views on a number of changes that are being considered for the revised “2.0” version of SRRA. One hotly-debated issue was who is responsible for reporting contamination on a site. Peder- sen is proposing a change that would obligate the seller, not the LSRP, to report it and to be responsible for remediating the site. Steve Senior , a partner in Riker Danzig Scherer Hyland & Perretti ’s Environmental Group, disagreed. “In my view, the current site remediation format strikes the proper balance. If LSRPs continued on page 8B

EW BRuNSWiCK, NJ — Recent legal decisions and pending legislation that are reshaping the develop- ment process in New Jersey were among the topics discussed during NAiOP NJ’s annual Regulatory, Legislative & Legal Update Seminar, held at the NJ Law Center in New Brunswick. Michael McGuinness , CEO of the commercial real estate development association, led the opening discussion which focused on the impact of key legislative and legal issues on commercial real estate develop- ment in the Garden State.

Shown from left: Mark Pedersen (NJ DEP), Steve Senior (Riker Danzig Scherer Hyland & Perretti), Jeff Milanaik (Bridge Development Group), Irene Kropp (Langan Engineering & Environmental Services)

Meryl Gonchar , Co-Chair of the Sills, Cummis & Gross landuse Practice Group , dis- cussed recent developments in the Dunbar Case, which involves the processing of applications for development. “The time of appli-

cation law states that upon filing an application for development, it locks the zoning in place,” Gonchar said. “In order to gain protection of the provision, you did not have to file a complete application.”

However, as a result of a chal- lenge involving the Borough of Franklin Lakes, a judge over- turned a previous ruling regard- ing the definition of complete- ness, stating that all required documents must be submitted at

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