JACKSON — Members of the Jackson Planning Board voted recently to oppose proposed state legislation (S-82/A-437) that would amend the time of decision rule.
The resolution approved by the board in opposition to the legislation states that the bills are intended to modify the time of decision rule, which currently allows municipal officials to change the zoning regulations on a piece of property during the pendency of an application for development.
The bills would deem as complete the ordinances in effect at the time of an application and will govern the review of that application and any decision made following that review.
The time of decision rule is a judicially recognized principle that decisions are to be made on the basis of laws, ordinances and regulations in effect at the time the decision is rendered [and] not upon application, according to the resolution.
Courts have applied the time 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, according to the resolution.
The time of decision rule has permitted the 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.
Applications 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 of local officials to act, according to the resolution.
“Right now as it stands, when an application comes in [to the Planning Board] and it goes in front of the board and the zoning or ordinances are changed, whatever is in place when the application is finally approved is what they live by,” said Township Councilman Ken Bressi, who sits on the Planning Board. “If [the application is] turned down and goes to court, and there are changes, [the court] will apply whatever the newest rule, ordinance or code is. That has already been done in the court.”
Bressi said the proposed bills state that when a developer submits an application, whatever laws, ordinances or rules are in place at that time will apply to the application, regardless of any changes that may be made before a decision has been reached on the application.
“That takes away home rule,” he said. “Naturally, it was the developers who lobbied for [the proposed bills].”
Township Council members were expected to vote on the resolution to oppose S-82/A-437 at their meeting on March 9.
A copy of the resolution is being forwarded to Jackson’s state legislators and to members of various Senate and Assembly committees.
— Dave Benjamin