Long Marmero
& Associates LLP

        While serving on the Shamong Township Committee one of the most discussed issues was that of speeders and appropriate speed limits on municipally controlled roads. Shamong has its share of state and county roads over which the municipal officials had no control. Attempts to change speed limits on the municipality controlled roads was an onerous process, thwarting the will of the local body to react to changes in the community and the will of our constituents.
        In the last hours of the Jon Corzine administration the Governor signed into effect legislation attempting to pave the way for municipalities to address this issue. S1234/A1144 empowers municipalities and counties to set their own “reasonable and safe speed limits” for self-contained roadways within their borders without having to seek approval from the state government, as long as a licensed professional engineer agrees the changes are appropriate.

        A municipality may, without the approval of the Commissioner of Transportation, do the following by ordinance or resolution, as appropriate:

(a) designate parking restrictions, no passing zones, mid-block crosswalks, and crosswalks at intersections, and erect appropriate signs and install appropriate markings, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality;

(b) designate reasonable and safe speed limits and erect appropriate signs, on any street under municipal jurisdiction;

(c) designate any intersection as a stop or yield intersection and erect appropriate signs, on streets under municipal jurisdiction which are totally self-contained within that municipality and have no direct connection with any street in any other municipality; and

(d) designate any intersection as a stop intersection and erect appropriate signs, on streets under municipal jurisdiction if that intersection is located within 500 feet of a school, or of a playground or youth recreational facility and the street on which the stop sign will be erected is contiguous to that school, or playground or youth recreational facility.

        These powers will allow municipalities to address speed, parking and traffic safety issues on a local level, with the guidance of their engineer and solicitor rather than appeal to Trenton for permission. The changes certainly stand to streamline the process and make local government more responsive.
        Some towns, like State Police patrolled Port Republic will be able to standardize their speed limits at 25 mph, making it easier to patrol and enforce the roads of the community. Port Republic Mayor Gary Giberson believes it will benefit the community and the officers who patrol within its borders. “Unless they’re really familiar with our town, they’d have to stop and (say),’Wait, where am I again? I’m east of what road? I’m west of what road?’” Giberson said. “Making all of our roads 25 miles per hour will make our town a little easier to patrol.”
        For County-controlled roads Port Republic and other municipalities will need to petition for changes to these roadways. There are also special considerations when roads cross from municipality to municipality.
        In the next few months local governing bodies should be looking at the speed limits in their town, considering how they affect traffic, residences, schools, police, foot traffic and other concerns. Trenton has just given these officials a useful tool to make changes which before enactment of this law were likely prohibitive.
        If you would like to discuss this or any municipal issue please call us to set up a conversation about your specific concerns. Long Marmero is committed to facilitating good government by educating and empowering local officials to lead and lead well.

For more information about how this new legislation is affecting the Atlantic County town of Port Republic, read Rob Spahr’s article in the February 22, 2010 Atlantic City Press.

Jim Schroeder is an attorney with Long, Marmero & Associates, a firm specializing in municipal governance.

Long, Marmero and Associates is pleased to announce the following Municipal Appointments for 2010. We are honored to represent these municipalities, assisting them in their pursuit of cost effective, good government. We welcome conversations with municipal officials grappling with issues relating to these areas of the law and any governmental or administrative concerns.

Pemberton Special Counsel

Delran Solicitor, COAH and Redevelopment Counsel

Camden County VOR Program

Camden County Improvement Authority Project Counsel

Deptford Solicitor, Redevelopment, Tax and COAH Counsel

East Greenwich Township COAH Counsel

Monroe Township Zoning Counsel

Gloucester County WRAP and Pool Attorney for Improvement Authority

Cumberland County Improvement Authority Solicitor

Shamong Township Public Defender

Monday November 30, 2009

The Sunday Edition of the Burlington County Times reported that Mount Laurel Township will once again challenge the regulations on its municipalities established by the state Council on Affordable Housing. Ed Moorehouse’s article is available here.

Mount Laurel and New Jersey’s attempts to increase affordable housing in the state have to be intertwined since

MOUNT LAUREL I
The first round, Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel, 67 N.J. 151 (1975), attacked the system of land use regulation in place in the Township of Mount Laurel on the grounds that low and moderate income families were unlawfully excluded from the municipality. In the decision, the N.J. Supreme Court held that zoning ordinances, which make it physically and economically impossible to provide low and moderate-income housing, were unconstitutional.

The court’s decision left more questions than answers as to how to achieve the goal of affordable housing. As the state and municipalities attempted to comply with the decision of the court, officials became increasingly aware it would be difficult to implement an effective strategy to address the issue. Specifically, what was each municipality’s “fair share”?

MOUNT LAUREL II
The second Mount Laurel decision, South Burlington Count N.A.A.C.P. v. Township of Mount Laurel, 92 N.J. 158 (1983) was delivered eight years after Mount Laurel I. This decision, along with five other cases dealing with the questions raised by the first case became known as Mount Laurel II.

The ruling created a fair share formula to measure each municipality’s obligation to provide affordable housing, and by fashioning a “builder’s remedy” to compel municipalities to fulfill this obligation. The responsibility for working out the details of this decision was assigned by the Supreme Court to three specially designated trial judges who heard numerous cases between 1983 and 1986. In 1986 most of these cases would be transferred to the Council on Affordable Housing (COAH), created in 1985.

The most recent cases moving through the court system deal with a decision made by COAH in applying the “fair share” formula within the third round of COAH requirements. One of the keys to understanding the issue is to know what is meant by the “third round methodology”. COAH’s “third round methodology” for addressing municipalities’ Mount Laurel obligations covers the period from 2004 to 2018. The first round rules covered the period from 1987 through 1993, and the second round rules, covered the period from 1994 through 1999.
Mount Laurel is presently challenging the COAH rules which require their “fair share” of affordable housing to be escaladed from 226 to 1,421 units in this third round. Mount Laurel has until February 28, 2010 to submit a plan for how it intends to reach this lofty goal. Officials in Mount Laurel are challenging the requirements.

Mount Laurel, the League of Municipalities (on behalf of over 200 municipalities) and dozens of other municipalities just argued their challenge to the revised Third Round Regulations on December 1, 2009.  A decision is expected from the court within 90 days thereafter.  Governor Elect Chris Christie may also take action with respect to the current implementation of COAH’s regulations after he takes his oath of office on January 19, 2010.

COAH requirements are one of the most complicated and onerous requirements for local officials to keep up with. The numerous Mount Laurel cases, and rulings make it nearly impossible for even a full time public servant to keep up with the changes and potential changes of COAH. One of the most prudent decisions a municipality can make is to hire an experienced COAH Counsel to stay compliant and in many cases in front of the curve regarding potential changes. If you have questions about COAH and its impact on your municipality, sound legal counsel is your biggest asset to navigating the ever-changing landscape of COAH.

Municipal, County and State officials have been gearing up for big changes in the Garden State in 2010. Most are looking to the Governor’s Office in the Statehouse to be the catalyst, but nondescript temporary offices across the state will also have a say in the state’s political makeup in the coming years. These offices will be the hub of activity for the 2010 Census.

Starting with a mailing in March of 2010, Census forms will be delivered to every household in New Jersey. April 1, 2010 is National Census Day and in the months of May and June workers will be on the street collecting data from households which have yet to be counted. As the nation prepares for Christmas next year the Census Bureau will deliver the population numbers to the President.

Municipalities have a vested interest in seeing that every person residing in their borders are counted, because their votes in Trenton and Washington D.C. depend on it.

Article 1, Section 2, of the United States Constitution requires that a census be taken every 10 years for the purpose of apportioning the United States House of Representatives. U.S. Const. art. 1, § 2. In the 1964 case of Reynolds v. Sims, the United States Supreme Court determined that the general basis of apportionment should be “one person, one vote.” Reynolds v. Sims, 377 U.S. 533 (1964). This rule means that, generally, electoral districts must be equal in population according to the most recent census so that each person’s vote is equally weighted. These population numbers determine the members New Jersey sends to the House of Representatives. These numbers are collected house by house, block by block, municipality by municipality.

One of the biggest issues or complaints historically about redistricting is the potential for gerrymandering – or the practice of designing a district to create a strong advantage toward one political party, essentially creating a “safe district”. Federally the issue gave rise to a Pennsylvania case, Vieth v. Jubelirer 541 U.S. 267 (2004), which cemented the right of elected officials to choose their constituents however the state deems appropriate by its Constitution.

HOW DOES NEW JERSEY REDISTRICT?
Every ten years, after the federal decennial census, New Jersey’s Senate and General Assembly districts are redrawn by an Apportionment Commission to maintain an equal population in each district.  Created under Article IV, Section III of the New Jersey State Constitution, the Commission consists of 10 members, five each appointed by the chairs of the state committees of the two major political parties.  Its mandate is to produce an apportionment plan by February 1 of the year following the federal decennial census or within one month of receipt of the census figures, whichever is later.  If the Commission fails to meet its deadline or declares that it will be unable to do so, the Chief Justice of the New Jersey Supreme Court appoints an eleventh member.

In February 2011 we will know the impact of the “census summer” on towns and municipalities. Places like Hammonton and Folsom who find themselves in Ocean County dominated 9th District may remain or end up in the 2nd, 6th, or 8th. Clayton, Mantua, Winslow, Waterford, Buena, Buena Vista, Pine Hill, Shamong, Florence and others may face similar fates.

Certainly the political landscape of 2010 will be dominated by the changes within the Statehouse but quietly another wave will have lasting impact on South Jersey municipalties.

Link to the Current State Legislative Map

In the days following local, state and county elections every year attention turns to the Atlantic City Convention Center and the State Convention of New Jersey League of Municipalities. The 94th Convention will be held this year November 17-20 with seminars, presentations and consultations with some of the top professionals in the state.

Long, Marmero & Associates will once again have a strong presence at League. Partners Al Marmero and Doug Long will be holding consultations with current and prospective clients. Shamong Township Committeeman and Associate Jim Schroeder will also be on the floor and attending seminars.

If you are attending League and would like to meet up to discuss the unique needs of your municipality or government agency please call or email us.