Church objects to Rockaway Twp. law Lawsuit is threatened as the council adopts new land-use ordinance Wednesday, March 02, 2005 BY PAULA SAHA AND KHUSRO KHAN Star-Ledger Staff
The Rockaway Township Council approved an ordinance last night that includes specific definitions for houses of worship, schools and municipal buildings that will likely affect Christ Church's plans to move into the township.
A crowd of more than 50 people attended the council meeting at town hall, including Michael Chagares, a representative of Christ Church in Montclair, who raised an objection to the proposed ordinance.
"We have reviewed the proposed ordinance and believe that the ordinance is invalid both procedurally and substantively under the Municipal Land Use Law, and that it also violates the First Amendment and the Religious Land Use and Institutionalized Person Act," Chagares said.
Marc Weinstein, a spokesman for the church, had made it known that the church would consider suing the township if the council passed the ordinance.
"Litigation is one of our options," Weinstein said.
Township officials have denied that the ordinance targets the church, insisting that it simply brings the township's code into accordance with recently enacted state environmental laws and court decisions that have found a municipality must clearly define "conditional uses," or uses that are permitted in any part of town so long as they do not present a public hazard. The previous ordinance did not define houses of worship, schools or municipal buildings.
Township officials say that weakness in Rockaway Township law was pointed out by both planners for Christ Church and the township during testimony before the planning board, where the church is attempting to win site plan approval for a religious complex on Green Pond Road.
Pat Matarazzo, chairman of the Rockaway Township Environmental Commission, was one of two who addressed the council during the public hearing last night, saying that "the town has 180 days to implement new state- mandated regulations, and this ordinance makes us comply with those laws."
The ordinance, adopted 6-2, takes effect in 20 days.
The 5,000-member Christ Church is under contract to purchase the former Agilent Technologies headquarters, which would be transformed into a campus that would include a fellowship hall, a school and a fitness center.
The church's application has been before the planning board since December 2003 and has sparked intense opposition from residents who feel the proposed religious complex is too large for the site.
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This was a nice, fact filled article - good reporting guys!
Lisa
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The truth wins out over slick PR and personal attacks.
The Christ Church Plan for the redevelopment of 140 Green Pond Rd is just too big for the area.