Conference/Public Meeting Agenda/Documents — Packet

#12-02 RESOLUTION TOWNSHIP OF WEST ORANGE PLANNING BOARD WHEREAS bills have been introduced in the New Jersey Senate (S1534) and New Jersey Assembly (A2586) with the stated purpose of “equalizing the standing of private and public colleges before land use agencies;” and WHEREAS these bills would exempt private colleges from the regulatory framework for non-governmental land use applicants as set forth in the Municipal Land Use Law at N.J.S. 40:55D-1, et seq.; and WHEREAS the Planning Board of the Township of West Orange (the “Board”) has studied this proposed legislation and deliberated thereon; IT IS HEREBY RESOLVED: 1. The Planning Board of the Township of West Orange strongly opposes this legislation on the grounds that it is contrary to the policies and goals of the Municipal Land Use Law as well as the ordinances and planning documents of the Township. 2. The Municipal Land Use Law requires private land owners to seck and obtain approvals from the local land use board before developing land except in instances of single or two-family housing. This requirement is intended to provide for the orderly development of land in accordance with the planning goals and ordinances adopted by the municipality where the land is situated. 3. By exempting private colleges from the application/approval process the proposed legislation would create a separate class of privileged landowners whose interests are distinct and often inconsistent with the public interest when it comes to land use decision-making. 4. Private colleges already enjoy the enhanced status of being deemed “inherently beneficial.” (See Hughes v. Monmouth University, 394 N.J. Super, 207, 228 (Law Div. 2006) aff'd., 394 N.J. Super. 193 (App. Div. 2007), cert. denied, 192 N.J. 599 (2007) This elevated status reduces their burden of proof when they seck use variances. 5. The Board recognizes that private colleges and universities are valuable members of our communities which contribute to the educational, economic, social and athletic stature and welfare of the towns where they locate.