I thought this would be a good time to provide some information on the process our community (and every community in New Jersey) follows for land development to give you a better sense of how a housing or commercial site comes to be and the role and responsibilities of the planning/zoning boards in deciding to approve or deny them.
This topic is the subject of many books that contain hundreds of pages referencing statutes and cases that you can read to be better informed. This article provides a broader look that may pique your interest to dive in a little deeper.
First, you should know that almost all of the development applications heard by the boards are initiated by private citizens or private businesses, not your governing body or township officials.
Second, every application that complies with the N.J. Municipal Land Use Law (MLUL) and the township’s land use ordinances requirements MUST be accepted, processed, reviewed by township professionals, and ultimately decided by either the planning or zoning boards after a full and fair hearing.
For example, suppose the Lawrence Shopping Center files an application to develop an amusement park that will cover every inch of the property, or a local church wants to build a 50,000-seat stadium next to Lawrence Road. In these cases, despite their absurdity, the application MUST be accepted, and a hearing is scheduled so the board can decide to approve or deny.
Third, each board member must consider the MLUL, local land use ordinances, the testimony of the fact witnesses, the testimony of expert witnesses, and comments offered during public participation by residents, property owners, or business owners before makin a decision.
Finally, the mere fact that an application becomes a hearing before a board in no way, shape, or form should cause you to believe that the “Township” endorses it or wants it approved. That would be a false assumption. Individual elected and appointed officials may have a personal opinion about whether the particular project would be a benefit to the community, but those opinions carry no weight in the process.
NOTE: Neither the Lawrence Shopping Center nor the local church has any such plans!!!!
The Lawrence Township Planning Board currently has 11 voting members (8 township residents appointed by the governing body, the mayor, a council member, and the director of community development, which is also the municipal manager).
The board’s duties include supervision over the drafting of the Master Plan for the Township (reviewed every six years), reviewing proposed ordinances to make sure they comply with the Master Plan, and reviewing and deciding every application for a proposed subdivision, development, or building project (site plan) to ensure compliance with our land ordinance.
This Board has the power to grant specific variances (i.e., a request to deviate from a current zoning requirement) that have to do with the shape and size of buildings and plots of land.
The Lawrence Township Zoning Board of Adjustment (the Zoning Board) has nine voting members appointed by the governing body. The board’s sole authority is to review development and building applications that require a “use” variance. In addition to the “bulk” size and shape requirements, each parcel of land is assigned a particular use (a zone) or set of uses, which are permitted under the Master Plan and zoning ordinances. Any different use for that land requires a variance. For example, building a commercial property in an area zoned only for residential use would go to the zoning board for review and decision.
The residents who serve on these boards are volunteers. They donate their time reviewing plans and attending hearings (often late into the evening) and, for the most part, do not receive much, if any, appreciation from their fellow residents. At times, they are subject to thoughtless (and hurtful) claims of corruption by residents who oppose a project to advance their own interests. Though it is an important job, it is thankless. But knowing the members as I do, they don’t do the work to receive appreciation; they do it out of their sense of community volunteerism and believing themselves capable of the responsibility.
Though many believe that these boards can vote to deny applications because they are unpopular with a group of vocal residents who attend the hearings in opposition, denying the application that bows to peer pressure may not end the application process.
New Jersey law sets forth specific guidelines for when applications should and should not be granted. Notably, the members of these boards swear an oath as follows: I, [Jane Doe], do solemnly swear (or affirm) that I will faithfully, impartially, and justly perform all the duties of the Lawrence Township Planning Board/Zoning Board member according to the best of my ability. So help me God.”
I witnessed first hand that board members honor this oath, understanding full well that their decision to grant or deny an application will disappoint someone or many. Should a board vote “no” without a basis in law or fact on an application, the applicant can (and often does) appeal the decision to the Superior Court of N.J..
Significantly, the Judge who is assigned to hear the appeal is not influenced by public opinion, and their job is strictly to apply the law. The judge will consider the application’s facts and apply the law to determine whether the board’s decision should be overturned upheld or if the board should look at the application again.
One of the founding principles of our country is the establishment of laws to protect individual property rights. The appeal process ensures that the law is followed. As a result, applicants who follow the law can count on their application being granted by appealing to the court.
Those who attend hearings and advocate for their interests or the more significant interests of the community should know, understand, and respect that the members of these boards have a fiduciary obligation to honor their oath and the established laws of the State of New Jersey and the Township of Lawrence.
“NIMBY”-ism (Not in My Backyard) is alive and well in every community, including this one. It makes their decisions that much harder, but our boards have demonstrated a commitment to do their job, knowing if they vote to please a vocal crowd, all that would result is an appeal to a court, at significant cost and expense to the taxpayers of Lawrence Township, and the ultimate approval of the application they denied for the wrong reasons.
I hope the above gives you a better understanding of the planning board and zoning board process and a better appreciation for the challenging responsibilities your fellow residents undertake when they volunteer their time to serve on these boards.
For the curious, do a Google search for the following New Jersey cases: “The Pizzo-Mantin case,” “Toll Brothers v. West Windsor case,” or “W.L. Goodfellows and Co. v. Washington Township Planning Board,” and you will get a better sense that a board’s denial is meaningless if the law or the facts don’t support it.
Kevin Nerwinski serves as Lawrence Township’s municipal manager. He is a long-time resident of Lawrence.
Kevin Nerwinski,
