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HomeMy Public PortalAboutr 11-156A nalutiO n # e P1aro1a�lj of (Carterd No. 11-15 Date of Adoption Augt tR t 4 t 2011 RESOLUTION OPPOSING S -2950 AND A -4128, WHICH WOULD ALLOW FOR MODIFICATION TO LAND USE APPROVALS BECAUSE OF CHANGED ECONOAHCS WHEREAS, S -2950 and A -4128 provide a two -year window in which any development approval granted before 2006 or now in foreclosure or subject to a deed in lieu can apply for, and receive approval for, a use which is not permitted by ordinance, without the need for a use variance or otherwise complying with the zoning ordinance of the municipality; and WHEREAS, a fundamental premise of land use law and sound planning is that land use decisions, including approvals of development applications and zoning, are made on the basis of the characteristics of the land, its environment, any unique characteristics, and what is in the best interest of the public, and not based on who happens to own the land; and WHEREAS, S -2950 and A -4128 also establishes an expedited approval process, requiring the land use board to determine completeness of the application within 30 days, and then 60 days from the determination of completeness to rule on the application; and WHEREAS, this time frame is insufficient considering what may be proposed, and it is inequitable to require an expedited process for a proposed "adaptive application' while other pending applications are accorded lower priority; and WHEREAS, S -2950 and A -4128 put no standards in place for the local land use board to apply, other than proof that the approval is no longer economically viable, which is inadequately defined; and WHEREAS, the lack of standards would expose any approval or denial by the municipality to possible legal challenge; NOW, THEREFORE, BE IT RESOLVED by the Borough of Carteret that enactment of S- 2950 and A -4128 would usurp, undermine, and overtum local zoning by effectively rescinding all applicable zoning of the property, and provide no adequate public safeguards; and BE IT FURTHER RESOLVED, the Mayor and Council of the Borough of Carteret strongly opposes S -2950 and A -4128; and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Governor of the State of New Jersey, Senator Joseph Vitale and Assemblymen John Wisniewski and Craig Coughlin, members of the Senate Community and Urban Affairs Committee, the members of the Assembly Housing and Local Government Committee, Senator Steven Oroho, Assemblyman Albert Coutinho and the New Jersey State League of Municipalities. Adopted this 0 day of August, 2011 and certified as a true copy of the original on August 5, 2011. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE, COUNCILMAN YES A.B. COUNCILMAN YES NO NV A.B. BEIL B`D X DIAZ 7 X DDASGIO X A,gZ X - Indicate Vole AB - Absent NV - Not Voting XOR- Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council � Ze ' , 4, 2011 cnv i�y