TBL- (TakebackLakewood.com )Imagine living in an area zoned for single family houses on large lots, and waking up one day to hundreds of duplexes on small lots or office buildings or shopping centers where they were not previously allowed. Well surely you would have been informed about the zoning change right?
Apparently, not in Lakewood!
For many years the Township Committee passed ordinances changing zones in Lakewood without sending notices by mail to properties within 200 feet as required by law. The majority of these changes were made to allow increased density and residential in zones that previously did not allow it. If the township committee is changing the zone that is in your area, you are entitled by law to know about it so that you have an opportunity to object or provide feedback.
Here is a partial list of zoning changes made by the township committee between 2005 and 2014. See here for the full ordinances See here for a zoning map of Lakewood where you can find out what zones are near you in order to determine if your areas were affected.
On 2/14/17 we submitted an OPRA request asking for proof of notices sent to properties within 200 feet for this list of ordinances. On 2/24/17 we received a response from the township saying: In response to your request for 200’ notices for named ordinances, ..... to the best of our knowledge no notices were issued for the listed ordinances.
As we've previously reported, in Weinberger vs Township of Lakewood, Judge Grasso ruled: Thus, . . . the Township Committee was required to follow the notice requirements of NJ.SA. 40:5 513—62. 1 .... As such, because the proposed rezoning would effect a substantial alteration in the character of the district and constitute a change to the “classification” of the district under N.J.S.A. 40:55D-62. 1, personal notices are required. Failure to provide the required personal notices deprives the Township’s jurisdiction and renders the ordinances null and void.
While the township lacked jurisdiction to pass these ordinances, a court ruling is needed to reverse the ordinance rendering them null and void.
A classic example of this is the recent CAFRA applications to build close to 500 residences in industrial park. Many wondered by residential is even allowed in that zone. The answer is that the township committee passed ordinances in 2011, 2012 and 2013 allowing residential in that zone. An ordinance rezoning industrial park to allow high density certainly requires sending notice to properties within 200 feet.
Several others that are prominent are: Oak Street rezoning (tripling the density), Cedarbridge rezoning (allowing retail), County Line rezoning (allowing commercial).
Obviously there is nothing that can be done about houses that were already built but this may be able to reverse many zoning changes that were not yet acted on by builders. Looking through the list you will see how for many years the Township Committee passed ordinances to allow higher density residential.
Please reach out to us if you are concerned about a zoning change in your area and want more details. takebacklakewood@gmail.com
Apparently, not in Lakewood!
For many years the Township Committee passed ordinances changing zones in Lakewood without sending notices by mail to properties within 200 feet as required by law. The majority of these changes were made to allow increased density and residential in zones that previously did not allow it. If the township committee is changing the zone that is in your area, you are entitled by law to know about it so that you have an opportunity to object or provide feedback.
Here is a partial list of zoning changes made by the township committee between 2005 and 2014. See here for the full ordinances See here for a zoning map of Lakewood where you can find out what zones are near you in order to determine if your areas were affected.
On 2/14/17 we submitted an OPRA request asking for proof of notices sent to properties within 200 feet for this list of ordinances. On 2/24/17 we received a response from the township saying: In response to your request for 200’ notices for named ordinances, ..... to the best of our knowledge no notices were issued for the listed ordinances.
As we've previously reported, in Weinberger vs Township of Lakewood, Judge Grasso ruled: Thus, . . . the Township Committee was required to follow the notice requirements of NJ.SA. 40:5 513—62. 1 .... As such, because the proposed rezoning would effect a substantial alteration in the character of the district and constitute a change to the “classification” of the district under N.J.S.A. 40:55D-62. 1, personal notices are required. Failure to provide the required personal notices deprives the Township’s jurisdiction and renders the ordinances null and void.
While the township lacked jurisdiction to pass these ordinances, a court ruling is needed to reverse the ordinance rendering them null and void.
A classic example of this is the recent CAFRA applications to build close to 500 residences in industrial park. Many wondered by residential is even allowed in that zone. The answer is that the township committee passed ordinances in 2011, 2012 and 2013 allowing residential in that zone. An ordinance rezoning industrial park to allow high density certainly requires sending notice to properties within 200 feet.
Several others that are prominent are: Oak Street rezoning (tripling the density), Cedarbridge rezoning (allowing retail), County Line rezoning (allowing commercial).
Obviously there is nothing that can be done about houses that were already built but this may be able to reverse many zoning changes that were not yet acted on by builders. Looking through the list you will see how for many years the Township Committee passed ordinances to allow higher density residential.
Please reach out to us if you are concerned about a zoning change in your area and want more details. takebacklakewood@gmail.com