New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for August, 2009

Zoning Change Can Be Granted for Affordable Housing As “Inherently Beneficial Use” Even If COAH Obligation Met

Posted by Phil Morin on August 24, 2009

In a ruling that will send even the most COAH-sensitive municipalities running to their attorneys and planners for an explanation, the Appellate Division ruled on Monday, August 24, that existing zoning laws can be modified to allow affordable housing development even where the municipality has satisfied its COAH obligations. 

More specificially, the Appellate Division in Homes of Hope, Inc. v. Easthampton Township Land Use Planning Board, A-551-07T2 (App. Div. Aug. 24, 2009) (approved for publication) held that “a municipality’s compliance with the [Fair Housing Act] by meeting its fair share obligation does not impact affordable housing’s inherently beneficial use status for purposes of obtaining a use variance.  Affordable housing continues to foster the general welfare and constitutes a special reason to support a use variance.”   

According to an article posted at www.nj.com:

Zoning laws in New Jersey towns can be altered to accommodate affordable housing even after the municipality has met its quota, a state appeals court ruled today.

The case before the panel involved a non profit organization, called Homes of Hope, that was looking to build eight multi-family dwellings in an area of Eastampton only zoned for single-family homes. The town’s land use board denied their request for a variance to build the dwellings, citing that building the units was unnecessary because 100 units of affordable housing were already built and the proposed dwellings would exceed the number required by the state’s Fair Housing Act.

The three-judge panel however upheld a trial court decision allowing the eight units, ruling that municipalities cannot reject such development solely based on a town meeting its affordable housing obligation.

Judge Michael Winkelstein wrote that just because the municipality has met requirements set forth by the Council on Affordable Housing, it does not mean they have reached a limit on affordable housing.

“The (Eastampton Land Use) Board claims that because the Township has met its fair share obligation, it no longer has a need for low or moderate income housing and, consequently, that type of housing is no longer inherently beneficial so as to qualify as a special reason to support a use variance. We reject that argument,” wrote Winkelstein.

The town is 11 miles north of Mount Laurel, where the state’s decades-long battle over affordable housing began. “It is beyond question that even if a municipality meets its Mount Laurel obligation, substandard housing will continue to exist,” wrote Winkelstein.

For a link to the article, click here.

For a link to the Appellate Division decision, click here.

For a discussion of the political ramifications of the decision on the 2009 New Jersey Governor and Assembly races at www.politickernj.com, click here.

For an NJ.com article discussing politician’s reactions to the decision, click here.

Posted in Affordable Housing, D Variances, Legislation | Leave a Comment »

One Municipality’s Approach To Making Solar Installation Easier

Posted by Phil Morin on August 23, 2009

The City of North Wildwood introduced an ordinance at their August 4, 2009 meeting which will allow the installation of solar panels on rooftops as a permitted use.   A copy of the proposed Ordinance, as introduced, is attached. (See North Wildwood Ordinance 1570 – Amending Chapter 276 (Solar Panels)).  According to the City’s Deputy Clerk, the ordinance was also reviewed by the City Planning Board for its comments and/or recommendations on August 12, and minor revisions were suggested which include the following changes: Section 3, Paragraph 1 will read “and shall not be for the generation of power for commercial purposes for resale.” Section 6, Paragraph 5 shall be revised to state that the permit shall be issued or denied within thirty (30) days, instead of one month, to avoid confusion.   The public hearing is currently scheduled for September 1.

For communities that want to encourage clean energy technology but are finding that outdated zoning laws are discouraging homeowners and commercial property owners of making the investment in solar technology, the North Wildwood ordinance may serve as a model to assist in developing local standards to encourage the use of solar power systems to reduce energy costs while still requiring use variance approvals for systems designed for commercial sale/resale.

According to the Press of Atlantic City:

Property owners currently have to apply to the city’s Zoning Board, submit detailed site plans and obtain zoning variances to install any solar energy systems, but a new ordinance could make adding solar panels an acceptable use under the city’s zoning laws – making all that extra work unnecessary.

Mayor Bill Henfey said the proposed ordinance, developed by a planner with Remington & Vernick Engineers, was prompted by a request from one resident interested in installing solar panels.

“This makes it as easy as going to the Zoning Office and Construction Office, and you’re done,” Henfey said.

The ordinance would permit rooftop solar panels that can be no taller than 12 inches from the rooftop. It also would prohibit freestanding solar panels or arrays mounted on poles, towers or other devices.

For the full article, click here.

Posted in Alternative Energy, Environmental Issues, Green Legislation | 1 Comment »