Agenda - Planning Commission - 10/04/2012

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July 25, 2012 I Volume 6 I Issue 14 Zoning Bulletin that the City of Westbrook had negotiated with Pike Industries. The consent order sought to "permanently settle the dispute related to the lawful status of Pike's right to operate [a] quarry," by providing conditions of Pike's opera- tions and release from liability and a covenant not to sue Pike. "The Supreme Judicial Court concluded that the consent judgment violated the law by circumventing Westbrook's zoning rules and procedures and illegally cutting off the rights of ordinary citizens (and Westbrook's other businesses) to stop Pike from violating local zoning laws." Source: The Portland Daily Sun; httv://www.vortlanddailvsun.me MICHIGAN In an effort to "keep fireworks sales in [its] business districts and out of its subdivisions," Macomb Township board of trustees recently approved a zon- ing ordinance amendment to allow the sale of fireworks in commercial and warehouse districts. "Because the Michigan Fireworks Safety Act, which went into effect on Jan. 1 of this year, forbids local governments from restrict- ing fireworks sales in any way, Macomb officials have elected to use zoning power to retain some oversight on the location of sales . . .. By amending its ordinances to allow fireworks sales in commercial zones, the township keeps sales out of residential areas without violating state law." Source: Macomb Patch; htty://macomb.vatch.com NEW JERSEY The state Legislature is considering legislation (S-1534 and A-2586) which would reportedly exempt some private colleges and universities in New Jersey from following local zoning regulations. Currently, under New Jersey law, "private universities and colleges in the state must receive planning and zon- ing approvals from the municipalities in which their projects are built," while "public institutions do not need to receive local approvals" and instead need only a "courtesy review that is non -binding." Opponents reportedly fear the legislation could have "long term consequences," setting a precedent for other nonprofits. Source: Planet Princeton; htty://vlanetvrinceton.com NORTH CAROLINA The state Senate recently approved a second reading of a bill that would take away Boone's extraterritorial jurisdiction (ETJ) powers. ("North Caro- lina law allows towns and cities to wield ETJ powers as a way of helping oversee growth near the communities' corporation limits.") Opponents of the legislation reportedly say it will pave the way for construction of high -density housing and industrial or retail development near the town. Proponents, on the other hand, say it will "help people who live in the 1-mile perimeter affected by Boone's ETJ, saying those people are controlled by town officials but don't have representation in town government." Source: Charlotte Observer; www.charlotteobserver.com 12 © 2012 Thomson Reuters