The Township Committee is expected to vote tonight (Thursday) on three ordinances that would downzone that is, reduce the permitted intensity of land-use in three-fourths of the 58-square mile township
By: John Tredrea
The Township Committee is expected to vote tonight (Thursday) on three ordinances that would downzone that is, reduce the permitted intensity of land-use in three-fourths of the 58-square mile township.
Prior to voting, committee members are expected to respond to comments and questions raised during several public hearings on the downzoning ordinances, which were introduced by a unanimous committee vote Aug. 23.
The public hearing, which began at that Aug. 23 meeting, officially ended with the close of business hours Sept. 13. That was the deadline for submitting written comments or questions on the downzoning ordinances to the municipal clerk. The oral portion of the public hearing ended during the Sept. 6 committee meeting.
This is the committee’s second attempt to downzone the township. The first attempt, approved by the committee in July 2000, was invalidated on a technicality by state Superior Court Judge Linda Feinberg in the spring. The first downzoning attempt failed because the township neglected to send legal notices on the attempt to all property owners who were supposed to receive such notices under law, the judge said.
The three ordinances that are the focus of the public hearing are "very similar" to the downzoning ordinances adopted last year, and "the impact on homeowners is the same," township Mayor Marylou Ferrara said during the first public hearing, held Aug. 23, on the current downzoning effort. "There are some minor wording changes to make them more user-friendly," she added.
Under the ordinances, most of the northern one-third of the township would be changed from a residential zone requiring lots at least 3 acres in size to a residential zone requiring lots at least 6 acres in size. Most of the central one-third would be changed from 2-acre to 4-acre residential zoning. Several areas in the southern and central township would be changed from commercial to residential use, including 440 acres owned by Merrill Lynch east of Scotch Road and north of I-95, as well as a much smaller tract of land owned by Trap Rock Industries between its Pennington Mountain quarry and Route 31. Both Merrill Lynch and Trap Rock sued the township over last year’s downzoning attempt.
Proponents of the downzoning say it is needed to protect the township from overdevelopment and overutilization of resources, including groundwater.
Opponents say the downzoning would be, in some cases at least, an unfair, and perhaps illegal, infringement on property rights.

