New Jersey Zoning Watch

The International Council of Shopping Centers supports Assembly Bill A-3870, which proposes to eliminate the “time of decision” rule in New Jersey.  Under the Time of Decision rule, a municipality may change its zoning and site plan ordinances after a development application has been filed and even after a building permit has been issued.  So long as an application does not substantially rely upon the issuance of the building permit, it is subject to the amended ordinance.  New Jersey law permits municipalities to amend their ordinances in direct response to applications.   New Jersey is the only state that still follows the Time of Decision rule.  As provided in the ICSC’s letter (Page 1, Page 2) in support of A-3870, the Time of Decision rule can have a significant chilling effect on bringing new business into the state.  Eliminating the Time of Decision rule will greatly enhance the business climate in New Jersey and will substantially enhance planning as the underpinning of zoning.  Ad Hoc decisions affecting zoning will no longer be permitted.  Therefore, it is highly recommended to follow the ICSC’s lead and contact your local legislator to support A-3870 and its identical bill in the Senate, S-457.   Many other notable associations such as the New Jersey Apartment Association, New Jersey Builders Association, and New Jersey Association of Realtors are also supporting the legislation.  Click here to access the ICSC’s government relations website, where you can email your local Assemblymen and Senators your message in support of the bills.

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The Port Authority of New York and New Jersey and the New Jersey Economic Development Authority (”EDA”) have commenced a $250,000 advertising campaign to heighten awareness of the Portsfield Initiative.  The Portsfield Initiative is a partnership between the EDA and Port Authority that aims to create a support network for Port Elizabeth and Port Newark.  The volume of goods handled by the ports is expected to double within 10 years.  In order to handle rising cargo demands, the Portfield Initiative has identified 17 brownfields sites within 25 miles of the ports.  The brownfield sites are located in Hudson, Union, Middlesex and Essex counties and could each occupy approximately 350,000 square feet of warehouse or distribution space. 

The Portsfield Initiative intends to promote brownfield development by providing financial support as well as  administrative assistance with government bureaucracy and environmental regulations.  The campaign is targeting approximately  3,500 businesses that may be interested in developing the sites through a mix of advertisements, direct mail, a video and trade-show appearances.  The advertising campaign is being funded and operated by a public-private partnership that includes EDA, Public Service Electric and Gas Co., six private developers and the New Jersey Commerce, Economic Growth and Tourism Commission.

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