Kelly M. Carey Secures New Jersey Supreme Court Decision Clarifying Decades Old Zoning Variance Standard

Kelly M. Carey successfully represented the Montville Township Zoning Board of Adjustment and argued before the New Jersey Supreme Court in Monarch Communities LLC v. Township of Montville Zoning Board of Adjustment. The decision clarifies a decades old legal standard governing inherently beneficial use applications to Land Use Boards in New Jersey.

In a unanimous opinion, the Supreme Court revised the fourth prong of the Sica balancing test, holding that applicants seeking variances for inherently beneficial uses must first demonstrate that the proposed use will not substantially impair the intent and purpose of the municipality’s zone plan and zoning ordinance before weighing the projects public benefits against its potential detriments. As Ms. Carey argued, the Court also encouraged municipalities to document in detail their planning decisions concerning inherently beneficial uses during required master plan reviews so that zoning boards have that record to support their decisions in variance applications.

“The ruling changes the way every application for an inherently beneficial use variance must be presented by finally incorporating the 1997 Municipal Land Use Law Amendment into the Sica analysis. The decision also provides important guidance to municipalities on how to bolster long term planning goals within their borders,” said Carey.