New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for March, 2010

DEP Commissioner Delays Implementation of Waste Water Rule

Posted by Phil Morin on March 29, 2010

According to www.nj.com:

An anti-sprawl measure the Legislature tried but failed to delay earlier this year is being put off again by Gov. Chris Christie’s administration.

Department of Environmental Protection Commissioner Bob Martin signed an administrative order last week, delaying until April 2011 a waste water management rule the DEP first adopted in 2008. The rule would allow the department to restrict the extension of septic systems and sewer lines — and therefore development — in environmentally sensitive areas. The same delay was proposed in a bill vetoed in January by then-Gov. Jon Corzine when the federal Environmental Protection Agency said it could put the state in violation of federal Clean Water rules.

For the complete article, click here.

Posted in Environmental Issues | Leave a Comment »

Governor Releases Housing Opportunity Task Force Report

Posted by Phil Morin on March 23, 2010

In a press release this afternoon, the Christie Administration announced the release of the Housing Opportunity Task Force’s report on revamping of the affordable housing rules in New Jersey.  See Housing Opportunity Task Force Report. 

It can also be accessed on the Governor’s website here.

Posted in Affordable Housing | Leave a Comment »

Housing Opportunity Task Force Submits Report; Governor Rescinds EO

Posted by Phil Morin on March 19, 2010

On Friday, March 19, Governor Chris Christie announced that the Housing Opportunity Task Force created by Executive Order 12 had submitted its report to the Governor’s Office and, as a result, he was rescinding the EO through a new EO.  This manuever avoids a showdown over a constitutional challenge to EO 12 – oral argument on the motion filed by the Fair Share Housing Center challenging the EO was scheduled for Monday, March 22 – which was pending before the Appellate Division.

The full text of the Governor’s statement on the status of the Housing Opportunity Task Force created by Executive Order 12 is below:

My administration has received the report of the Housing Opportunity Task Force and will begin immediately reviewing its findings and recommendations.  I want to thank the Chairwoman of the task force, former Senator Marcia Karrow, and the other members for their hard work and service.  It is time for us to chart a new course and implement a sensible planning system that considers economic growth and development along with our affordable housing needs.  I look forward to working with Senators Lesniak and Bateman and Assemblymen Green and Rible in these reform efforts. 

The Task Force was created by Executive Order 12 and was charged with undertaking a review of the affordable housing mission in New Jersey, and examining the regulations and methodologies of COAH, the Fair Housing Act (FHA) and the State Planning Act in meeting the constitutional obligations of the Mt. Laurel court decisions in a manner that is consistent with sound planning and economic growth for the state.  Since the Task Force has now completed its work, the Governor today signed Executive Order 20 rescinding Executive Order 12.

The Task Force was chaired by Senator Karrow and included four other members:  Rutgers University Professor James Hughes, Perth Amboy Mayor Wilda Diaz, Morris Plains Mayor Frank Druetzler, and former Executive Director of the Housing and Mortgage Finance Agency Ira Oskowsky.

Posted in Affordable Housing, Legislation | Leave a Comment »

Assembly Passes Time of Decision Bill

Posted by Phil Morin on March 16, 2010

As expected, the State Assembly passed A-437, the “Time of Decision” bill, amending the Municipal Land Use Law to codify a change to the judicially-created “time of decision” rule by a vote of 51-14-11 (for-against-abstain) with 4 members of the lower house not voting. 

The bill states that municipal development regulation in effect on the date of filing of an application for development will control the review and any determinations relating to the application.   As a result, any changes to local ordinances following the filing of an application, except ordinances relating to health and public safety, shall not apply to pending applications.

The bill (S-82/A-437) will now move to the Governor for consideration.  The Governor is expected to sign the bill.

Posted in Legislation, Rezoning | Leave a Comment »

Time Running Out on “Time of Decision” Rule?

Posted by Phil Morin on March 11, 2010

Time Running Out on Time of Decision Rule?

A bill (S-82) to amend the Municipal Land Use Law to change the judicially-created “time of decision” rule has passed the State Senate (27-7).  Passage of the bill is seen as a win for developers as it eviscerates a municipality’s ability to change zoning requirements in response to an application for development.  Critics, including the State League of Municipalities and environmental groups such as the Sierra Club, argue that municipalities should have the ability to update their zoning ordinances following the filing of an application as the zoning may be inconsistent with the municipality’s master plan or the impact of a proposed use or the density of the development may not have been contemplated when the zoning ordinance was originally enacted. 

The focus now moves on to the Assembly, where the lower house is expected to take up the bill (A-437) on Monday, March 15.

While Governor Chris Christie has not publicly expressed his support for the bill, it is expected that the Governor will sign the bill if it passes the Assembly.  The Governor, when questioned about the “time of decision” rule during the 2009 gubernatorial campaign, voiced his support for a legislative change to the current rule and enacted a similar “time of application” standard for agency approval and permits for the State of New Jersey through Executive Order No. 2.

Posted in Environmental Issues, Legislation, Rezoning | Leave a Comment »

Time of Decision Bill Up For Senate Vote on March 11

Posted by Phil Morin on March 8, 2010

The New Jersey State League of Municipalities issued an alert which states that the full Senate is scheduled to vote on the “Time of Decision” bill, S-82, at its session on Thursday, March 11.  As noted in an earlier post, the “time of decision” is a judicially-created rule which holds that land use boards are to apply the zoning ordinances in place as of the time the board’s decision is rendered.  The bill will change current law and require, except in limited circumstances, that land use boards apply the zoning requirements as of the time of filing of an application for development.

The Assembly version of the bill, A-437, has also passed committee and, according to the League, will likely be scheduled for a vote prior to the budget break in late March.

Posted in Legislation, Rezoning | Leave a Comment »

 
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