HomeMy Public PortalAboutr 10-055
~ezorution of tqe l@orouBq of QIuderd) ~. JJ.
No. 1.Ib5'i
Date of Adoption February 4, 2010
RESOLUTION OPPOSING LEGISLATION AMENDING
THE TIME OF DECISION RULE
\VHEREAS, 8-82 and A-437 are intended to modify the "time of decision" rule, which
currently allows municipalities to change the zoning regulations during the pendency of
an application for development; and
\VHEREAS, the bills would deem as complete the ordinances in effect at the time of an
application and shall govern the - review of that application, and any decision made
following upon that review;
\VHEREAS, lithe time of decision rule" is a judicially recognized principal that
decisions are to be made on the basis of laws, ordinances and regulations in effect at the
time the decision is rendered not upon application; and
\VHEREAS, courts have applied the Utime of decision rule" to correct errors in zoning
ordinances, thus giving local legislators the opportunity to correct legislative policy that
had been found to be imperfectly expressed; and
'VHEREAS, the "time of decision rule" has permitted a municipality to give additional
legislative consideration to serious and substantial land use planning concerns that, for
whatever reason, had not been previously addressed in the ordinance; and
'WHEREAS, application and zoning changes require public discussion and hearings, and
S-82/A-437 would permit developers to "beat the clock" by filing applications and
freezing the ability oflocal officials to act;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
of Carteret in the county of Middlesex in the State of New Jersey hereby urges our State
Legislators to oppose A-437 and S-82, and any legislation which would eliminate the
"time of decision" rule at the local level; and
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Senator
Joseph F. Vitale, Assemblyman Jolm S. Wisniewski and Assemblyman Craig J.
CougWin, the New Jersey State League of Municipalities and the Office ofthc Governor.
Adopted this 4th day of February, 2010
and certified as a true copy of the
original on February 5, 2010.
KATIILEEN M. BARNEY, M1V!C
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCIUtIAi.... YES NO NV A.B. COUNCILl\IAN YES NO NY A.B.
BELLINO X I<Rffit X
nrA7.. X NAPTR< X
nT ",<rm X SITARZ v
X -Indicate Vote AB-Absent NV Not Voting XOR -Indicates Vote to Overrule Veto
Adopted at a meeting of the l\funicipal Council :xfi;;i,} ~:b~U~ 4. 2010
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11:23 TO: HON DANIEL J REII1AN at 1732541498901/28/10 11:23 Pages 1
rtNJL~M. New Je~s~y ~t~te League
., of MUnicipalities
William G. Dressel, Jr., EXECUTIVE DIRECTOR. Michael J. Darcy, CAE, ASSISTANT EXECUTIVE DIRECTOR
222 Wesl State Streel. Trenlon, NJ 08608 PHONE: (609) 695-3481 FAX: (609) 695-0151 WEB SITE: www.njslom.com
D 1/1
Mayors Fax Advis
URGENT
~~
V'
January 28,2010
Re: ELIMINATION OF "TIME OF DECISION RULE" IS REINTRO
Dear Mayor:
Legislation that would effectively eliminate the "time of decision" rule was re-introduced in the
in the new legislature. S-82 was filed and refelTed to the Senate Community and Urban Affairs
Committee. Companion legislation, A-437, was introduced and referred to the Assembly
Housing and Local Govenuuent Committee. We anticipate that other legislation which would
also eliminate the time of decision rule could be introduced in the upcoming weeks and months.
These bills would eliminate the "time of decision" rule and grant protection to any Land Use
application once it has been submitted for consideration to the municipal Plmming Board or
Zoning Board of Adjustment. Only changes in ordinances vaguely defined as "... necessary for
the protection of health and public safety... "can be implemented to protect the public welfare.
Otherwise, such an application would then be immune fi'OlU any changes in municipal
ordinances. Loopholes, en.ors, and the inability of legislative bodies to predict every possible
negative impact in the drafting of general regulations should not serve to harm the public good.
The "time of decision" rule is a judicially-recognized principle that decisions are to be made on
the basis of the laws, ordinances and regulations in effect at the time the decision is rendered. It
is a rule created out of judicial respect for the separate powers vested in legislative bodies, and
provides towns the mechanism to COlTect en.ors or close previously unanticipated loopholes, in
statutOlY or ordinance language. COUlis have applied this rule to allow municipalities to rectify
an elTor in a zoning ordinance, thus giving the goveming body the opportunity to perfect a
legislative policy decision that had been found to be imperfectly expressed. The rule has also
pemlitted a municipality to give initial legislative consideration to serious and substantial land
use planning concems that, for whatever reasons, had not been previously addressed in their
ordinances.
We have a prepared a sample resolution opposing any such legislation for your consideration and
will be posted it online at http://www.nislom.org/dearmav.hlml
Questions on these bills can be directed to Mike CelTa at mcelTa(rl)nislom.colll or at (609) 695-
3481 x120.
Very truly yours,
William G. Dressel, Jr.
Executive Director