The Council is under pressure to burden Borough taxpayers with more than their fair share of school taxes, jeopardizing its ability to provide urgent necessities like new fire trucks.
Our Borough Council got some good news at its April 10 meeting.
Retired Bloomfield Fire Captain Robert Penn reported that the apartment project going up on River Road is far safer than he had expected. Check out his words at minute 1:29:28:
Of course, our volunteer fire fighters are still hobbled by ancient fire trucks and have no good way to put out fires in the growing number of electric cars.
Can your town suddenly decide to zone one lot differently from its neighbors?
No. That’s “spot-zoning.” It’s illegal in New Jersey.
But there is an exception if the lot is arguably “blighted” or “in need of redevelopment,” according to a state law designed to help poor towns attract new construction.
For years, real estate developers have abused that exception to achieve a kind of legalized spot zoning:
They’ve used it to get around normal zoning laws in towns that have no trouble attracting investors.
They’ve used it to sweep away normal zoning rules for properties that aren’t blighted at all.
They’ve used it to qualify for whopping property tax breaks that enrich the developers at the expense of residents.
Sometimes they’ve used it to get title to public land without the normal checks and balances.
The courts usually turn a blind eye to that kind of abuse.
One noteworthy exception is the 2007 case of Gallenthin v. Paulsboro, in which the state Supreme Court made clear that the mere fact that a property is operated in a less than optimal manner does not make it “stagnant and unproductive” within the meaning of N.J.S.A. 40A:12A-5(e).
Now it seems the Court is beginning to tighten up the criteria for designating a property “in need of redevelopment” on the grounds that it is “dilapidated, obsolete, overcrowded” or has “other deleterious conditions.”
In a case published this month, Malanga v. Township of West Orange, the Court rejected the designation of the West Orange library as an “area in need of redevelopment” within the meaning of N.J.S.A. 40A:12A-5(d) simply because it was old, out of style, and needed repair. The Court also put to rest the idea that the mere assertion that a place is dilapidated, obsolescent, etc. will suffice, or that courts should defer to the township’s judgment on that score.
The Malanga case establishes that to satisfy N.J.S.A. 40A:12A-5(d), the township must show both:
1) evidence of “dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout”; and
2) that, as a result, the premises “are detrimental to the safety, health, morals, or welfare of the community.”
Great news for anyone concerned about reckless overdevelopment.
What effect will the Malanga case have on areas already designated in need of redevelopment? Ask an expert:
Yesterday morning, after three tense public hearings, Morris County Superior Court Judge Stephan Hansbury soundly rejected the Kushners’ brazen attempt to cram an unpopular 100-rental unit project on mostly public land behind our Main Street Post Office.
That decision frees Chatham Borough to meet part of its affordable housing requirements by building a 15-unit apartment house there, as our Mayor & Council voted on May 2.
For a quick summary, watch the video of Mayor Kobylarz’s comments in this Tap story:
For details, check out the records at e-courts, culminating in this final court order finding Chatham in compliance with its affordable housing obligations through September 29, 2026:
Will the Kushners accept that outcome and let Chatham build some affordable housing at Post Office Plaza, or will they continue to sue, appeal, and otherwise try to block progress? Stay tuned here and at this FB group:
Let’s say the monstrous development that’s devouring River Road does bring an average of $1.73 million into the Borough’s coffers each year, as the Council predicts.
Care about the plans for Post Office Plaza or the future of Chatham Borough?
Come to the Final Compliance Hearing
Now rescheduled to be heard before the Hon. Stephan C. Hansbury, J.S.C., Monday, November 14, 9:30 am, at the Morris County Courthouse, Morristown, NJ.