Judge Strips Bergen Towns Of Zoning Power
From the Star Ledger:
Fed-up judge strips two Bergen towns of zoning powers
"Fed up with two Bergen County towns that failed to meet their affordable housing obligations, a state judge yesterday took the unprecedented step of stripping them of their land-use powers."
"In the 30-year battle between builders and towns, judges have taken strong measures before, including approving large-scale developments over local objections and threatening towns with sanctions."
"But none had gone this far, land-use lawyers said."
"Judge Jonathan Harris ordered that beginning June 1, all land-use ordinances in Carlstadt and East Rutherford would be suspended, and approvals for new construction would have to be approved by a special monitor. He ordered the monitor to push to get housing built for the poor."
""Recalcitrant municipalities, such as the defendants here, should not be allowed to inflict damage to affordable housing opportunities by either their active discouragement of such housing opportunities or by silence," Harris wrote."
"The decision was the result of a long battle by Tomu Development Co., who in November was granted the right to build 840 units on 26 acres along the Hackensack River that straddles both towns. "
""This is the atom bomb," said Jeff Surenian, whose Monmouth County firm represents 40 towns on affordable-housing litigation. "It's overreaching.""
Fed-up judge strips two Bergen towns of zoning powers
"Fed up with two Bergen County towns that failed to meet their affordable housing obligations, a state judge yesterday took the unprecedented step of stripping them of their land-use powers."
"In the 30-year battle between builders and towns, judges have taken strong measures before, including approving large-scale developments over local objections and threatening towns with sanctions."
"But none had gone this far, land-use lawyers said."
"Judge Jonathan Harris ordered that beginning June 1, all land-use ordinances in Carlstadt and East Rutherford would be suspended, and approvals for new construction would have to be approved by a special monitor. He ordered the monitor to push to get housing built for the poor."
""Recalcitrant municipalities, such as the defendants here, should not be allowed to inflict damage to affordable housing opportunities by either their active discouragement of such housing opportunities or by silence," Harris wrote."
"The decision was the result of a long battle by Tomu Development Co., who in November was granted the right to build 840 units on 26 acres along the Hackensack River that straddles both towns. "
""This is the atom bomb," said Jeff Surenian, whose Monmouth County firm represents 40 towns on affordable-housing litigation. "It's overreaching.""
3 Comments:
NJ is getting serious about COAH. Watch out for builders remedy suits. That is the real bomb.
The courts are getting out of hand. The developers are building where they are not suppose to build and with densities, which are unreasonable. Planning is out the window. The Mount Laurel decisions do not work. It is time for the silent public to get up in arms and change this abuse by the courts and developers. A majority of the municipalities in New Jersey do not have COAH certified plans. This means that the courts will also be the planning authority for most of the state. It appears, in these two communities in the court's ruling, that for a small addition to a single family house the owners would have to apply to the court for a building permit. It is an accepted fact that whenever a community builds residential units the real estate taxes go up. In turn when a community builds industrial and commercial structures the taxes rate is reduced. The present homeowners in these two communities will, when these projects are build, have the burden of higher taxes. The middle class senior cannot afford the taxes and move away to places such as North Carolina where taxes are substantially lower. This causes breakups in families and the relations with the younger generations. The problem of social housing have been with mankind since the invention of the city. The courts supposed solutions are as untenable as most. The activist court is not the proper vehicle to address this problem.
Build homes for the poor? Almost everyone in Southern Bergen County is poor and struggling to pay the outrageous property tax. Southern Bergen is the least expensive area in Bergen county to find a home these days. I say let the developers build and grow Southern Bergen County.
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