In a unanimous ruling, the New Jersey Supreme Court revised the framework for localities considering variance requests, saying they must prioritize local land use compliance before weighing a project’s public benefits.
The July 13 ruling, hailed by the state’s municipal league as a major win for local authority, states that local zoning authorities “should determine whether the applicant has made a showing that the variance or other relief sought will not substantially impair the intent and the purpose of the zoning plan and zoning ordinance” and should deny the variance “if the applicant has not made such a showing.”
The ruling stems from a dispute after the Montville Township zoning board denied a developer’s application for a use variance to construct a 165-unit senior living facility because it conflicted with local land use rules despite being recognized as “inherently beneficial” under the state’s Municipal Land Use Law. The court in its ruling expressed no opinion on the Montville case itself.
The ruling updates a state framework established in 1992 to align with a 1997 statutory amendment to the state’s Municipal Land Use Law, which shifted the initial burden to applicants seeking variances to show that their requests are not inconsistent with the intent of zoning plans or ordinances, according to New Jersey law firm Montgomery McCracken. It is the “most significant refinement” of the framework in more than three decades, the law firm stated in a blog post.
Under the ruling, master plans “take on increased significance,” Montgomery McCracken wrote. As a result, municipalities “should review their master plans and development regulations to ensure they adequately address ‘inherently beneficial’ uses and include detailed findings supporting future variance decisions,” the law firm said.
“Both applicants and zoning boards should expect greater focus on consistency with the municipality’s planning objectives and intent in future variance proceedings,” the law firm added.
The decision comes as municipalities across the country try to balance longstanding zoning and planning ordinances with what experts have described as an urgent need for more housing development.
Amid a housing affordability crisis, more states are testing their power over land use laws traditionally overseen by local governments in an effort to boost housing development. Some localities are pushing back.
A coalition of more than two dozen municipalities in New Jersey took the state to court earlier this year over affordable housing mandates.
Mike Ghassali, mayor of Montvale, New Jersey, one of the towns fighting the state mandate, called the New Jersey Supreme Court ruling a “win for the towns” in a social media post.
“In simple terms, this decision gives towns like ours more power to protect our local zoning and planning decisions, even when a developer argues that a project provides a public benefit,” Ghassali wrote on Facebook.
