Time Of Decision Repealed – Another Trenton Gift to Developers
Opinion
“Time of Decision” is the current zoning statute that allows municipalities to adjust local zoning ordinances in reaction to unexpected applications. Current law allows a municipality to change the zoning ordinance after a developer has submitted an application. But both the Assembly and the Senate have passed a bill that would change the law so the developer is only required to follow the laws in effect when they applied for the project.
Franklin has used “Time of Decision” recently with applications for churches along scenic corridors (Grouser Rd and Cortelyous Ln). In my opinion these were excellent uses of the “Time of Decision” rule.
Churches are a good example because the are special cases. According to law they are allowed in any zone. This makes the task of regulating their construction extremely difficult because it’s impossible to think of all the situations that could come into play in the many different zones in town.
In these cases scenic corridors were an issue because a large institutional church (20,000 sqft) would have changed the nature of the areas. No one had thought of a 20,000 sqft church on Cortelyous Ln before the application was submitted. The Council then passed ordinances that would require 1) churches in residential areas to have twice the acreage of the zoning and 2) the maximum size on a scenic corridor was limited to 5000 sqft. This stopped one church and the other has become significantly more conforming to the neighborhood. Had there been a time a “Time of Application” rule we’d now have a 10,000 sq ft church on Grouser and a 20,000 sq ft church on Cortelyous.
Granted one could argue that “Time of Decision” is contrary to Article 1 Section 9 of the US Constitution stating, “No Bill of Attainder or ex post facto Law shall be passed.” But that clause pertains to a past action and prohibits government from making a law after an action was committed thereby retrospectively making it a crime. “Time of Decision” is different because it involves passing a law to prevent an action, the building of an unsuitable project.
Assemblymen Egan and Chivukula voted for the change to “Time of Application” and Senator Smith did not vote. The bill is now on the desk of the Governor. He can sign or veto it. If you agree with me and wish the law to stay “Time of Decision” then call or write Governor Christie’s office to ask him to VETO S-82/A-437.
The Hon. Chris Christie,
Governor, State of New Jersey
PO Box 001
Trenton, NJ 08625
609-292-6000
