Robbinsville Township recently addressed one of its residents’ most frequently asked questions in a post on its website: Why doesn’t the town have its own grocery store? The answer to that question is printed below.
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Municipalities have a responsibility to manage development wisely, but they must do so within the bounds of the law.
Property owners have rights that are protected by state and federal law. A town cannot stop someone from building simply because the project, or the developer, is unpopular. It must show a legal, reasonable, and fact-based reason for any denial.
Respecting both community concerns and individual rights is the key to fair and effective land use planning.
Zoning and land use laws
Towns can control how land is developed through zoning laws (chapter 142 of the Municipal Code) and this is also depicted on the zoning maps HERE. (e.g. residential, commercial, industrial), but …
* Zoning must be reasonable and consistent with our master plan (Robbinsville’s Master Plan was updated in 2020 and available HERE).
* It cannot be arbitrary, discriminatory, or used to unfairly block development.
* If a proposed development meets the zoning laws, the town cannot legally say no just because people do not like it.
Why Robbinsville cannot block a developer from building on land they have the rights to
In communities across the country, it is not uncommon for residents or officials to oppose new construction projects. Whether it is a housing development, a warehouse, or a commercial building, concerns often arise about traffic, the environment, or the town’s character.
However, even when emotions run high, municipalities cannot simply block someone from building on their land. Doing so would violate key legal principles, constitutional rights and likely result in costly litigation.
So, why don’t we have a grocery store anyway?
Just like how a town cannot block a developer from building on their land if the project meets the zoning requirements, a town also cannot dictate to a developer what type of business it will bring to town on a particular piece of property. Towns and developers must work together to develop land that will benefit the town and its residents, but also the developer and landowner.
So, to answer the question, Robbinsville does not have a grocery store because, despite our many attempts to bring a grocery store to town, there has simply not been a developer willing to do so.
Location has a lot to do with this dilemma. There are three ShopRites, an Aldi and an ACME all within five miles of each other near Robbinsville. With so many existing grocery stores close to town, a developer must decide whether building a new grocery store in Robbinsville will generate enough community support (i.e market share) to make it a viable business venture and the most profitable use of the property.
Unfortunately, no developer has made that determination as of yet.
Stay Informed
To get information on proposed commercial and residential developments in Robbinsville we encourage everyone to read upcoming Land Use Board agenda packets, which includes exhibits, on the Township website.
The majority of Land Use Board meetings are held at least one Tuesday per month (unless canceled due to lack of quorum) inside the Public Meeting Room at the Municipal Building, located at 2298 Route 33, beginning at 7 p.m.
