Court ruling gives towns more zoning authority
By: Kara VanDooijeweert
NorthJersey.com
USA Today Network - New Jersey
..... State municipalities will soon have more power over the building of senior housing, schools and other proposals intended to improve the pubic sphere, as a recent unanimous New Jersey Supreme Court decision changed the legal framework in place for approving beneficial projects.
.....
After a case in which a 165-init senior living community was denied by the Montiville zoning board, the court decided its current four-step process for giving the green light to proposals - based on the1992 Sica v. Board of Adjustment of Wall decision that established the present procedure - needed to be revised.
..... Under the new standard, developers must prove that their proposed project would benefit the public good and would not interfere significantly with a municipality's zoning plan.
..... As the Montiville senior housing was likely to meet both of those standards, atrial court sided with the developer, believing the prospective facility would not impair the town's goal.
..... But the implications extend beyond the instance. Further projects not in line with local zoning plans may be denied, regardless of their intent for positive impact, unceasing the role of municipalities in development decisions.
..... In the Montiville senior dispute, the Supreme Court did not give a verdict on the case, but rather sent it back to the Appellate Division to be reconsidered under the revised framework.