Page 10 THE VILLADOM TIMES I • August 24, 2011 Franklin Lakes Council opposes modified land use approvals by Frank J. McMahon The Franklin Lakes Borough Council has passed a resolution stating its strong opposition to two companion bills pending in the New Jersey Legisla- ture. Those bills would allow for certain developments to receive approval without a use variance due to economic conditions concerning those developments. The proposed legislation would provide a two-year window in which any development approval granted before 2006, or now in foreclosure or subject to a deed in lieu of foreclosure, could receive approval for a use that is not permitted by ordinance. The applicant would not need to apply for a use variance or otherwise comply with the local zoning ordinance. The Senate bill, S2950, was introduced on June 13, and was sponsored by state senators Jeff Van Drew (D1 Cape May) and Steven V Oroho (R24 Sussex). The Assembly bill, A4128, was introduced and sponsored by Assemblyman Albert Coutinho (D29 Essex/Union). S2950 is currently in the Senate Community and Urban Affairs Committee, and A4128 is currently in the Assembly Housing and Local Government Committee. The Franklin Lakes Council claimed that a fundamental premise of land use law and sound planning is that land use decisions, including approvals of development applications and zoning, are made on the basis of the characteristics of the land, its environment, any unique characteristics, and what is in the best interest of the public, and not based on who owns the land. In its resolution, the council noted that the proposed legislation would establish an expedited approval process that would require the borough’s planning board to determine the completeness of an application within 30 days, and then rule on the application within 60 days from the determination of the completeness. The council claimed that time frame is insufficient considering what may be proposed, and said it would be unfair to require an expedited process for certain types of development applications while other pending applications are accorded lower priority. In addition, the council claimed the proposed legislation would put no standards in place for the local land use board to apply, other than proof that the approval is no longer economically viable, a term the council said is inadequately defined. That lack of standards, the council said, would expose any approval or denial by the municipality to possible legal challenge. The borough council has taken the position that enactment of the proposed legislation would usurp, undermine, and overturn local zoning by effectively rescinding all applicable zoning of a particular property while providing no adequate public safeguards. The resolution has been sent to Governor Chris Christie; State Senator Kevin J. O’Toole; Assemblymen Scott Rumana and David C. Russo, who are members of the Senate Community and Urban Affairs Committee and the Assembly Housing and Local Government Committee; the sponsors of the proposed legislation; and the New Jersey State League of Municipalities.