Roosevelt rezones farmland for schools and other uses
BY JENNIFER KOHLHEPP
Staff Writer

ROOSEVELT - After public comment urging the Borough Council not to do so, the governing body passed an ordinance that will rezone some of the largest developable parcels in town.

The Borough Council voted unanimously at its April 23 meeting to approve an ordinance that amends the borough's zoning ordinance with regard to the R/AG-400 zone.

The ordinance permits the development of houses of worship, public and private schools, athletic facilities for public and private schools, and dormitories for private schools in the borough's R/AG-400 zone, which historically was used for farms, nurseries greenhouses and single-family detached dwellings.

Vicki Carduner, who lives in the zone and who would be affected by any development there, said she felt as if council members had already made up their minds about passing the ordinance before hearing public comment.

"I'm concerned that the whole thing happened so fast," she said.

Although she said she believes the governing body did everything it legally should have in terms of noticing and passing the ordinance, she thinks that it didn't do everything it could have to get full community input before making a decision that affects "all of our R/AG-400 zone."

After passing the ordinance, the council also passed a lengthy resolution explaining the reasons why it decided to do so.

According to Planning Board Vice Chairwoman Jane Rothfuss, the changes to this portion of the zoning ordinance come as a result of the Planning Board's re-examination report, which was adopted on March 29.

The New Jersey Municipal Land Use Law requires that municipal planning boards review their municipality's master plans and zoning and land development regulations at least once every six years.

The purpose of the re-examination report prepared in accordance with the Municipal Land Use Law is to periodically re-examine the master plan, zoning and land development regulations of a municipality to determine whether they continue to address the development goals and objectives of the municipality and to provide recommendations for changes that will address changes in the development goals and regulations.

The Planning Board determined that several changes are currently required to the master plan to bring it into conformance and that the zoning ordinance requires updating in terms of application, inspection and other fees, parking standards, modification of lot areas in the R-40 residential zone and in planning administration procedures. The report also recommends the establishment of a historical preservation commission and architectural design standards for historic buildings within the R-40 zone.

Finally, the report recommends that the R/AG-400 zone be amended to allow houses of worship and public and private schools as permitted uses and to allow dorms and athletic fields as permitted uses located on the same parcel as the host school on sites in that zone.

The R/AG-400 zone requires a minimum of 10 acres, which the report states should provide adequate space for houses of worship and for public and private schools with dorms, athletic and other outdoor recreation and open space facilities, on-site parking, on-site stormwater management, etc.

Rothfuss said the changes with regard to the R/AG-400 zone take into consideration the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) that was passed in 2000.

A special attorney for the borough, Howard Cohen, explained that since RLUIPA is a federal law, all municipalities fall subject to it.

"Many say it trumps the local land use regulations," he said.

He explained that once a religious institution asserts its right to express its religion, it falls upon the government to comply with that stated interest and to provide the least restrictive means of satisfying that stated interest.

"If a government adopts regulatory designs to enhance, improve and provide for protection of RLUIPA interest prior to the institution of a lawsuit, the government can be immune from a suit under RLUIPA," he said.

Cohen explained that there is no such suit in Roosevelt at this time, but "there is a threat."

Borough Planner Thomas Thomas said the borough's residential R-40 zone is built out and the one large remaining parcel in the R-100 zone is currently under consideration for preservation. Therefore, when the board asked him where a new school, dormitory or synagogue could be situated in town, he said the only remaining acreage is in the R/AG-400 zone. The parcels that will be affected, meaning those in the zone that are not in preservation, are located on the west side of Route 571 just north of Nurko Road and directly across from that on the west side of Route 571. Mayor Elsbeth Battel's property also fell subject to a change in zoning.

When asked to comment on the proceedings with regard to the new ordinance, Joshua Pruzansky, vice president of the yeshiva in the Homestead Lane synagogue, said, "Due to legal issues and ramifications, it's best not to comment. Our attorney is looking into the matter."

The yeshiva moved into the Homestead Lane synagogue a couple of years ago. The yeshiva has expressed interest in renovating the synagogue property and also developing a dormitory in town.

Dormitories were formally not a permitted use in town, but the new ordinance permits their development in the R/AG-400 zone. The ordinance defines dormitory as a housing unit containing sleeping rooms, complete sanitary facilities and equipment related to dorm functions such as kitchens, dining and recreation areas, libraries and instructional facilities that is occupied primarily by students or employees of a private school in the borough.

Any dorm would have to be located on the same property as the school facility for which the dorm is providing boarding services. Dorms have to comply with state law and must make provisions for affordable housing.

Dorms would have to supply one parking space for every adult supervisor and one space for every two students ages 16.5 years of age and older. Dorms would also have to supply one loading space for every 20,000 square feet of floor area.

Houses of worship, private and public schools, athletic fields and dorms built in the zone will need to have a planted buffer of no less than 50 feet and one parking spot for every five seats, or where there is no permanent fixed seating, one parking space for every 75 square feet of floor space in the principal room devoted to worship.

With regard to the ordinance, resident Nonna Sherak asked the council what it plans to do if the remaining acreage in R/AG-400 goes into farmland preservation. The borough attorney replied that the council has to react to what's going on in town now.

"We can't control the future," the borough attorney said.