The Municipal Land Use Ordinance- Why Now And In This Manner?

Today on the town council agenda for final adoption is the Municipal Land Use Ordinance’s final amended version.

We are SIX days from Christmas and in a lame-duck session.

I have been writing to council members and the mayor since September 2023 on the sign ordinance. Natasha Joly also wrote to the council.

Other than the initial response from the mayor indicating that they are reviewing our concerns about signs with a commitment to respond in the future, there were NO clear answers to the concerns and questions in my email.

It was not until I requested an acknowledgment that two council members acknowledged the receipt of multiple emails. 

Yet, on December 7th, an initial version of the municipal land ordinance, a 283-page document, appears on the town council agenda.  

When questioned about the local sign ordinance, the mayor, who was supposedly reviewing this with professionals in October 2023, did not respond. Instead, a council member responded that the ordinance was included in the 293-page document.  

The Berkeley Heights sign ordinance is unconstitutional, and it is in direct conflict with the First Amendment rights of homeowners.

The critical questions to answer by our elected representatives are:

1. Are the Mayor and Town Council members certain that the amended sign ordinance complies with Supreme Court decisions on signs?
2. Did we get sound legal advice on amending the local sign ordinance?
3. How much did the township spend on legal counsel in drafting this language?
4. Why is this critical piece of municipal land ordinance being introduced to be voted on at the last town council meeting in the lame-duck session?
5. Are we opening the town up for future challenges to this municipal land use ordinance? 
6. What is the intent of the lawn sign ordinance?

To be clear, homeowners, not candidates, decide to put lawn signs on their properties. Many Berkeley Heights residents state that they put up campaign signs as they feel it is their First Amendment right. For example, there were multiple signs for the mayoral election on a single property during the last election cycle, as well as signs from candidates for council from both parties and BOE.

Many residents in the community still need clarification as to why our elected representatives used our tax dollars to consult legal counsel to draft this lawn sign ordinance. Why would SOMEONE want to make it difficult for residents to express their political beliefs on their property?  Why weren’t these changes discussed with the public when asked months ago?

Please understand we are talking about a highly impactful 283-page document, and this is just one of many changes. There have been few substantive discussions about the changes, and we are asked to accept this document simply because “it needs changing.” or “the future”.

Berkeley Heights residents deserve more respect than what this process and the ordinance offer.

Email Exchange with Mayor and Council Members

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