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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 _eee~ ~~, / (ERK Z5~--- i"""''' 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