Ho-Ho-Kus May 5, 2010 THE VILLADOM TIMES III • Page 7 Attorney discusses ‘time of decision rule’ update by Jennifer Crusco The New Jersey Legislature recently adopted a bill that updates the time of decision rule, which had allowed municipalities to amend local zoning regulations even during a related, pending application. Ho-Ho-Kus Borough Attorney David Bole updated the governing body on this matter, stating that this time of decision rule was a long-standing tradition. Ho-Ho-Kus Mayor Thomas Randall added that, even if an application had been denied and was sitting in the courts, the municipality could still make relevant changes to its zoning regulations. Bole explained that the new regulation calls for zoning regulations to be frozen at the time an application is submitted, unless issues of health and safety are involved. He called the change a significant setback for municipalities. However, because the change will not take effect for a year, Bole urged the council and the borough’s planning and zoning boards to take action now to fine-tune the borough’s zoning ordinances. “It’s been abused by so many municipalities,” Councilman Doug Troast said of the time of decision rule. Mayor Randall acknowledged Troast’s comment, noting that, when an odious application is filed, the time of decision rule would allow a municipality to take action to prohibit the use stated in the application. “It’s a two-way street,” Randall added. “A sharp developer will find loopholes, and some would build more than a town can stand by exploiting a hole in an ordinance that should have been closed.” While the mayor saw the update as pro-developer, he acknowledged that the change affords the borough the opportunity to take a serious look at its zoning regulations. “We don’t get a second bite at the apple,” he added. The League of Municipalities and some environmental groups have opposed the change, noting that the impact of a proposed use or the density of the development might not have been contemplated when the zoning ordinance was written. Councilman Kevin Crossley pointed to the council’s recent approval of a move to prohibit fast food establishments in Ho-Ho-Kus as the type of move that could be made before the time of decision rule is no longer in effect. 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