Bergen County Republicans, Inc.

Donovan Team Proposes Returning Zoning Authority to Local Officials Through Constitutional Amendment

For immediate release: May 24, 06
contact: Alan C. Marcus/201-902-9000

Judicial overreaching on land use issues threatens the quality of life throughout Bergen County and must be reigned in, according to Kathleen Donovan the Republican candidate for County Executive and her runningmates. The candidates said that the only relief may come by overturning the various Mt. Laurel decisions by constitutional amendment.

Referring to a recent decision by a Superior Court Judge which suspended zoning authority in Carlstadt and East Rutherford Donovan said, "The court has clearly overstepped its authority by ignoring critical local and state policy imperatives and allowed developers to run amuck under the guise of providing needed affordable housing. Maybe it's time for Bergen County to take the lead and say enough is enough and adopt a statewide constitutional amendment which would allow communities to meet their obligations without judicial interference."

Donovan's runningmates Freeholder candidates Elizabeth Randall and Ed Trawinski and Surrogate candidate Jae Kim joined in the criticism noting, "Municipalities throughout Bergen County have taken appropriate steps to maintain quality of life, meet the state's policy of preserving open space and address their affordable housing requirements. Unfortunately, the courts have time and time again rejected this orderly process in favor of developers who hide behind the fig leaf of affordable housing to impose huge developments on municipalities."

The candidates said that the recent judicial decision flies in the face of state environmental and open space policy and adds an additional conflict for municipalities who are already restricted by the superseding New Jersey Meadowlands Commission. "Carlstadt, for example, has been willing to accept its affordable housing requirement in its downtown in close proximity to vital infrastructure such as schools and transportation. Instead, the court has sided with the developer whose concern is selling market rate housing at the highest prices possible by building in virgin meadowlands east of Route 17 and adjacent to a preservation zone."

They continued, "The courts have lost their way. We see examples of this throughout the county. We see it in the Pascack Valley as well as central Bergen and the northern municipalities. And now we're seeing it throughout south Bergen. It's time to stop zoning abuse by judicial fiat under the guise of meeting affordable housing goals. The courts should be protecting the quality of life of all residents instead of the interests of developers who have seemingly perfected how to game the system."

The candidates noted that Donovan, a lifelong resident of south Bergen who at one time represented the region in the General Assembly, has long opposed the development of housing east of Route 17. They said that under a Donovan administration Bergen County would use its regulatory authority to work with local officials to stop the spread of overdevelopment.

"We will do what we can given the tools that we have," the candidates said. "And we will do more. We will work to organize a statewide effort to pass a constitutional amendment which will restore local decision making to local authorities and limit the judiciary to enforcing reasonable state policies which appropriately address the need for affordable housing."

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