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
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