5/18/2017. aka Current Issues in Planning & Zoning

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1 aka Current Issues in Planning & Zoning 1

2 No municipality may establish restrictions or requirements that would prohibit the breeding or keeping of honey bees or any activity related to beekeeping The State of New Jersey is responsible for regulating apiary activities, but the Dept. of Agriculture may delegate regulatory authority to create/enforce apiary standards to a municipality. Municipalities will then monitor apiary activities and enforce compliance with State apiary standards Should a municipality repeal its apiary ordinances, authority returns to the Dept. of Agriculture If a municipality finds that there is a condition or circumstance that cannot be resolved by the standards it has adopted, it must request guidance from the Dept. of Agriculture, who must issue a reply within 90 days. If the municipal standards do not adequately address the condition/circumstance, the municipality may adopt an ordinance to address the condition The ordinance must show consideration of population density, density and intensity of development, type of land use, and honey bee biology/behavior. The municipality must consult with the department, NJ League of Municipalities, NJ Beekeepers Association, and Mid-Atlantic Apiculture Research before passing the ordinance. 2

3 Foot note 11 states: The nature of the proofs offered to achieve reconciliation of the proposed variance with the zoning ordinance will depend on the circumstances of each case. It may be that the proposed use was one, like a health club, that was uncommon when the ordinance was last revised, but has since gained currency. Competent proofs to this effect could dispel the concern that exclusion of the use was deliberate rather than inadvertent. Medici v. BPR Co., 107 N.J. 1, 22, 526 A.2d 109, 120 (1987) 3

4 Food truck image: By GeorgeLouis at English Wikipedia, CC BY-SA 3.0, A mobile food vendor is defined as any movable restaurant or retail food establishment in or on which food and beverage are transported, stored, or prepared for retail sale or given away at temporary locations. This section also covers non-motorized pushcarts where food is sold, but does not cover pre-packaged food vendors limits hours of operation on Sunday through Thursday from 6 am to 9 pm, and Friday and Saturday from 6 am to 11 pm and state that all operators of mobile food vendors must be licensed at an initial cost of $500. For vendors who operate up to 4 days per week, an annual parking fee of $1,600 is required For vendors who operate up to 7 days per week, the annual parking fee is $2,500 4

5 Applicants with both a valid business license and parking permit may seek an extended time endorsement on their parking permits( allowing them to stay in metered parking zones beyond the usual two hours); the fee shall be $20 per linear foot Extended time endorsement shall not exempt mobile food vendors from paying the standard rates when parked in metered parking zones Length of vehicle is determined at time of annual health inspection Mobile food vendors may not exceed 35 feet in length without special permission from the Director of Transportation and Parking Mobile food vendors may not provide any dining area Any permit not used for 14 consecutive days will be revoked All mobile food vendors must utilize onboard GPS tracker states that the maximum penalty for any violation of this section is punishable by up to 90 days in prison or $1,000 in fines, or both states that failure to use a GPS device on a mobile food vendor is punishable by a $250 fine and up to 90 days in prison, which is in addition to any penalties resulting from separate violations under

6 Drivers use their own vehicles to respond to consumer requests for a ride, and transport consumers to their destination Ridesharing services have drawn ire from traditional taxi companies At present, there is almost no regulation of these services. However, the Transportation Network Company Safety and Regulatory Act, passed in February mandates that ridesharing companies meet insurance coverage standards and submit drivers to background checks. As the vehicles that provide this service are all privately owned; there is no depot yard or even an office that would be regulated by zoning. 6

7 Airbnb Book unique homes and experience a city like a local. Air BNB is a home sharing online marketplace where consumers may rent out short term lodging, usually staying in a host s home. New Jersey has only begun to regulate home sharing services, with municipalities in North Jersey adopting 30 day minimum stay laws in order to counter the negative impact caused by home sharing. There is still no state-wide regulation on home sharing services. Trenton has proposed a bill which would impose sales and use taxes on home sharing services in an attempt to level the playing field between home sharing and hotels. 7

8 New York requires hosts to be present at all times to prevent hosts from running de-facto hotels, but New Jersey has not yet followed suit in adopting similar regulations Home sharing services are generally not covered under homeowner s insurance policies, as it is considered a commercial activity Home sharing services may also conflict with leases and rental agreements about subletting; and may be contrary to a condominium s governing documents While a governing body may make, amend, repeal and enforce ordinances to license and regulate:... d. Hotels, boardinghouses, lodging and rooming houses, trailer camps and camp sites, motels, furnished and unfurnished rented housing or living units and all other places and buildings used for sleeping and lodging purposes, and the occupancy thereof, restaurants and all other eating places, and the keepers thereof;... n. The rental of real property for a term less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. [N.J.S.A. 40:52 1.] 2 ML Plainsboro Ltd. Partnership v. Plainsboro, 316 N.J. Super. 200, App Div

9 The Appellate Division in Repair Master, Inc. v. Borough of Paulsboro, 352 N.J. Super. 1, 14, 799 A.2d 599, 608 (App. Div. 2002) restated the law: We conclude that the Legislature did not imply the power to municipalities to deny or regulate a property owner's right to rent nonowner occupied residential housing in an effort to alter the community's dynamics and demographics, and control the ratio of owners and tenants. This is a power we simply will not infer in light of the evidence and the history of our land use and occupancy jurisprudence. 1 N.J.S.A. 40:55D-90 9

10 The New Jersey Predatory Towing Prevention Act was enacted to prevent unscrupulous tow truck operators from victimizing consumers who have parked on public streets and private property. Towing companies may not tow vehicles from private property unless the owner of the vehicle consents with the landowner, and if the landowner has posted notice that any unauthorized vehicles will be towed. (This may require an amended site plan or variances depending on your local ordinances) This notice must include the purpose for which parking is authorized, the times at which it is authorized, warning that unauthorized parking will result in towing at the owner s expense, charges for towing, information about the towing company, and the street address/phone number of the towing company. 10

11 Towing companies may not: Give any sort of benefits to individuals who provide information about unauthorized vehicles in private space Refuse to release a vehicle that has been secured but not removed from the premises. While a towing company may request a fee to release the vehicle, it may not exceed 25% of the company s normal unhooking fee. To charge a fee not listed on the posted schedule or to charge an excessive fee To refuse payment by certain methods, including charge/credit cards To monitor, patrol, or otherwise surveil a private property for unauthorized vehicles without having been requested to tow a specific vehicle by the property owner. TRUCK PARKING 11

12 At last, something that can be easily regulated! Just make them a prohibited use in your residential zones. 12