Court upholds zoning change in Bernardsville

When the borough of Bernardsville in Somerset County changed its zoning to increase housing lot sizes from 5 to 10 acres, a lawsuit predictably followed.

A recent New Jersey Superior Court Law Division decision upheld the ordinance, adding to the body of law in support of local government efforts to control sprawl.

Bernardsville adopted the ordinance to protect over 3,000 acres on top of Bernardsville Mountain. The land is home to endangered species like wood turtles and Cooper’s hawks, and provides natural filtration to the headwaters of the Passaic and Raritan rivers.

By expanding the minimum lot size for homes to 10 acres, Bernardsville reduced the number of homes that could be built.

This tried-and-true technique, sometimes called both “downzoning” and/or “upzoning”, helps municipalities to control sprawl and protect environmentally sensitive areas.

But three property owners sued to overturn the ordinance, claiming that it reduced their land values and unfairly added restrictions that were not applied to other similar lands in the borough. They also claimed that since their lands were not subjected to special environmental protections, this ordinance should not apply.

They charged the ordinance did not even satisfy the purpose of New Jersey’s Municipal Land Use Law (MLUL), which forms the foundation of our state’s local land use powers. Finally, they claimed that they were not given an opportunity to comment before the ordinance was adopted.

But the lengthy court decision rejected all of the landowners’ arguments and upheld the new zoning controls.

Judge Harriet Derman’s opinion relied on factual testimony presented by both sides, but also gave weight to New Jersey’s State Plan and the borough’s longtime history of conforming to the plan’s goals and policies.

In her decision, Judge Derman noted “[Bernardsville’s] Master Plan seeks to maintain open space with minimum impacts to environmental resources.” She concluded that the ordinance would implement the borough’s larger planning goals, which were in line with the state plan.

By itself, this case does not revolutionize zoning in New Jersey.

But along with other similar decisions, it demonstrates a growing willingness by the courts to recognize the legitimate use of local zoning to control sprawl.

It also illustrates a trend toward judicial support for local zoning decisions that help implement the state plan, provided that the decision-making process is fair and legal.

New Jersey towns that are considering enacting zoning ordinances to preserve open space and natural resources can look to this decision for support.

The court’s analysis of the facts and the law that applies to them can serve as a guide for any municipality considering this approach.

Zoning is an important tool, if done properly, and one that should be added to the multiple strategies needed both to combat sprawl and protect our critical natural resources, including our water supply!

For more information about conserving New Jersey’s precious land and natural resources, call (888) LAND-SAVE or visit NJCF’s Web site at www.njconservation.org.

Michele S. Byers

executive director

New Jersey Conservation Foundation

Far Hills