Rev. Stokes, the first CMA president, didn’t have to worry about zoning. Here he is taking a dim view of the Grove on a foggy 21st century day. Paul Goldfinger photo 2015. ©
By Kevin Chambers, Ocean Grove resident and activist.
The State Legislature enacted the first zoning enabling and planning acts in 1928 and 1930, respectively. Within these acts the state mandated that municipalities may not exercise their authority in ways which conflict with authority exercised by county, state, or federal governments.
Since 1928, this act has made it illegal to land-lock* any property within the state of NJ. In other words, the Township was banned from writing into its zoning an ordinance that prohibits curb cuts or driveways. Also this prohibited the OGCMA from prohibiting any person from crossing their property to access their lot.
When the state enacted RSIS in 1968, it further required that all municipalities rewrite their zoning ordinances requiring that the definition for a conforming lot must now include on-site parking. This barred Neptune from using the 30×60 foot lot size or 1800 square foot lot size as a conforming lot size definition within its Master Plan and zoning ordinance. Since that time, Neptune has been in contempt of court with each of its hearings dealing with Ocean Grove.
Regardless of the illegal zoning Neptune has established for OG, state zoning law still requires parking, through either the ordinance or through a variance.
All applications for new construction must seek a variance within Neptune if their lot is less than 5,000 square feet, which is the legal definition for a conforming single family lot in Neptune. But no matter whether a variance is granted, Neptune’s zoning must include the right within its zoning to have a driveway. It cannot deny a driveway within its zoning; that is in violation of law and in contempt of court.
Kevin Chambers
*In real estate, “landlocked” refers to a property that has no frontage or direct access to a public street, so the only way on or off the property is to cross land owned by someone else. Usually, a landlocked property gains street access through a legal permission called an easement.
CREEDENCE CLEARWATER REVIVAL:
Clouds of myst’ry pouring confusion on the ground.
Good men through the ages, trying to find the sun;
And I wonder, still I wonder, who’ll stop the rain.”
According to Kevin Chambers, the Township must accede to State law and allow the owners of #27 Heck Ave. to have a driveway. But it seems like Kevin’s views imply that we all could have driveways if there is room on our properties, however we would need a variance like the #27 owners. Kevin says that #27 should not even have to prove any hardship to get their driveway; they are entitled to it by State law. How come their attorney doesn’t know this?
Part of the driveway problem is that Neptune Twp. could care less what Kevin says; they have their own ordinances which forbid driveways. A related issue is that there are no Neptune rules about driveways, such as what the dimensions of an approved driveway might be.
However, if Neptune wanted to obey the State land use laws it would allow driveways all over town, and that would create parking mayhem. You would need a variance if you wanted to plow over your backyard and pull your Alfa Romeo onto your new backyard driveway.
Kevin has indirectly taken aim at another related situation. He says that if your property is less than 5,000 ft2 (the minimum conforming lot size for Neptune Twp.) and if you are planning new construction, then you must get a variance. Did you hear that Whitfield Hotel and Mary’s Place owners?
Are you all confused yet? It’s not surprising; Kevin has been making these points for years without a heck of a lot of success; sewing his seeds like Johnny Appleseed, but maybe he is now achieving near clarity, if not justice or a few large trees in town.
So we have another example of small ball (driveway talk) being really about big ball (the future of our town.)
Kevin seems to me to be less like Don Quixote and more like Ben Franklin.
Kevin, You are correct. This is why the North End ReDevelopment proposal has a driveway and provides parking.
The fact is , they have no respect for the law, and yes, they are ‘in contempt’.