Islamic Society of Basking Ridge v. Township of Bernards (226 F. Supp. 3d 320, 2016)

OPINION

SHIPP, District Judge

This matter comes before the Court on Plaintiffs The Islamic Society of Basking Ridge (“ISBR”) and Mohammad Ali Chau-dry, Ph.D.’s (“Dr. Chaudry”) (collectively, “Plaintiffs”) Motion for Partial Judgment on the Pleadings. (ECF No. 29.) Defendants Township of Bernards (“Bernards Township” or “Township”), Bernards Township Planning Board (“Planning Board” or “Board”), Bernards Township Committee, Barbara Kleinert, Jeffrey Plaza, Jim Baldassare, Jodi Alper, John Malay, Kathleen “Kippy” Piedici, Leon Harris, Paula Axt, Randy Santoro, Rich Moschello, Scott Ross, Carol Bianchi, Carolyn Gaziano, Thomas S. Russo, Jr., and John Carpenter (collectively, “Defendants”) opposed (ECF No. 46), and Plaintiffs replied (ECF No. 51). The Court has carefully considered the parties’ submissions and heard oral argument on December 20, 2016. For the reasons stated below, Plaintiffs’ Motion is GRANTED.

I. Summary of the Court’s Opinion

This case requires the Court to examine a township planning board’s denial of a Muslim congregation’s site plan application to build a mosque. (See Compl. ¶ 1, ECF No. 1.) In the instant Motion, Plaintiffs challenge the Planning Board’s decision on two bases: (1) Defendants’ disparate application of an off-street parking requirement between Christian churches and Muslim mosques, pursuant to the Religious Land Use and Institutionalized Persons Act (“RLUIPA”); and (2) the purported unconstitutional vagueness of a parking ordinance (“Parking Ordinance”) under the Federal and New Jersey Constitutions. After careful consideration, the Court determines that Plaintiffs are entitled to judgment on the pleadings with regard to both issues.

The Bernards Township Parking Ordinance sets forth a 3:1 ratio, between seats and parking spaces, as an acceptable standard for “churches.” The Parking Ordinance, by reference, provides a definition of “churches” that includes mosques, yet Defendants have applied their own unsubstantiated interpretation that the term “churches” exclusively refers to Christian churches and not Muslim mosques. Based on their review of the application and relevant evidence, Defendants required ISBR to construct parking spaces far exceeding the 3:1 ratio afforded to Christian churches.

Defendants’ rationale for their decision was primarily based on: (1) a 2010 informational report that set forth varying traffic needs depending on the type of religious institution at issue; and (2) testimony from an expert hired by a local community organization. Here, Plaintiffs’ principle challenge arises from Defendants’ initial determination that the 3:1 ratio for “churches” was a separate standard exclusively reserved for Christian churches. The method by which Defendants disparately treated ISBR’s application—i.e., by incorporating a report—does not negate Plaintiffs’ discrimination claim. Defendants’ interpretation of the Parking Ordinance’s text plainly distinguishes between houses of worship based on religious affiliation. Accordingly, Defendants’ application of the Parking Ordinance violates RLUIPA’s Nondiscrimination Provision, which strictly prohibits express discrimination on the basis of religion.

While local zoning boards generally retain substantial discretion in their ability to consider traffic, aesthetic, and other local community needs, RLUIPA codifies narrow exceptions that apply where a zoning board’s conduct infringes upon First Amendment religious rights. Here, Plaintiffs have raised a valid challenge under one of RLUIPA’s narrow, yet highly protective, provisions—the Nondiscrimination Provision. This Provision applies strict liability toward laws and the application of laws that lack neutrality and general applicability with regard to religion. Accordingly, the Court does not consider Defendants’ attempt to justify their conduct as necessary to further the township’s interest in regulating local traffic and parking. Viewing the pleadings in the light most favorable to Defendants, the Court, therefore, finds that Defendants’ application of the Parking Ordinance’s 3:1 ratio for “churches” constitutes impermissible discrimination on the basis of religion.

As to Plaintiffs’ related assertion of unconstitutional vagueness, Plaintiffs identify provisions within the Parking Ordinance that grant the Planning Board impermissible discretion as applied to religious institutions. The challenged provisions permit the Planning Board to require off-street parking spaces beyond the 3:1 ratio for “churches” “to ensure that the parking demand will be accommodated by off-street spaces.” Bernards Twp. Ord. § 21-22.1. Given that the challenged portions of the Parking Ordinance implicate First Amendment rights, the Court applies a stringent vagueness test.

According to Defendants, the challenged provisions are sufficiently clear because the Parking Ordinance sets forth a 3:1 ratio for “churches,” and only permits discretion “to ensure that the parking demand will be accommodated by off-street spaces.” Bernards Twp. Ord. § 21-22.1. Neither proffered standard, however, constitutes a guideline for measuring the need for off-street parking. Given that Plaintiffs’ vagueness challenge arises from the Board’s unlimited discretion to disregard the 3:1 ratio, the fact that the Parking Ordinance contains the 3:1 ratio is inconsequential. Similarly, the stated goal of ensuring sufficient off-street parking fails to provide any standard for measuring the amount of parking to require from applicants.

Defendants also contend that their discretion is sufficiently constrained by the requirement that Defendants accept, and base their decisions on, applicants’ submitted evidence. Absent explicit criteria to determine applicants’ parking needs, however, Defendants’ assurances are illusory. Defendants retain unfettered discretion to disregard evidence adverse to their views and can require applicants to submit specific evidence that Defendants can later reference to justify discriminatory decisions. Accordingly, the Court determines that the challenged portions of the Parking Ordinance lack sufficient standards to prevent arbitrary and discriminatory enforcement.

For these reasons, the Court GRANTS Plaintiffs’ Motion for Partial Judgment on the Pleadings.

II. Background

This case arises from the purported religious discrimination by Bernards Township against a local Islamic society, ISBR, in connection with a site plan approval application to build a mosque. Defendants allegedly engaged in impermissible discriminatory conduct following receipt of ISBR’s April 20, 2012 application, until they ultimately denied ISBR’s application on January 19, 2016. (Compl. ¶¶ 15, 123; Answer ¶¶ 15, 62, 123.) In response, ISBR and its President, Dr. Chaudry, filed the instant eleven-count action arising under RLUIPA, the First, Fifth, and Fourteenth Amendments of the United States Constitution, and the New Jersey Constitution. (Compl. ¶¶ 308-80.)

The parties filed their respective pleadings and Plaintiffs now move for partial judgment on the pleadings as to Counts Three (on the issue of parking), Eight, and Ten. Count Three alleges that Defendants violated RLUIPA’s prohibition against government entities “imposing or implementing land use regulations in a manner that discriminates against any assembly or institution on the basis of religion or religious denomination” (“Nondiscrimination Provision”). (Compl. ¶ 321.) Count Eight alleges that the Parking Ordinance violates the Fourteenth Amendment’s Due Process Clause because it “fail[s] to provide people of ordinary intelligence a reasonable opportunity to understand the conduct governed by the statute ... [and] authorize^] or encourage[s] arbitrary and discriminatory enforcement.” (Compl. ¶¶ 356-61.) Finally, Count Ten alleges that the Township’s Parking Ordinance violates Article I of the New Jersey Constitution, which “seeks to protect against injustice and safeguard the principles of due process.” (Compl. ¶¶ 370-75.)

A. ISBR Purchases Property to Build a Mosque

On November 9, 2011, with the goal of building a mosque, Plaintiffs purchased a property (“Property”) in the Liberty Corner section of Bernards Township—“a residential zone containing a mix of single-family homes, institutional uses, and commercial uses.” (Compl. ¶¶ 57, 59; Answer ¶¶ 57, 59.) Under the applicable land use regulations, the Property does not meet the necessary requirements such that a house of worship would be permitted in the residential zone as of right. (Answer ¶ 55.) Nonetheless, the Property is located where a house of worship constitutes a “permitted use” under the Township’s zoning laws. (Answer ¶ 5.)

Located within various residential zones in the Township, there are at least ten houses of worship:

(a) Liberty Corner Presbyterian Church; (b) Congregation B’nai Israel (also known as Somerset Hills Jewish Center); (c) Chabad Jewish Center; (d) Millington Baptist Church; (e) Covenant Chapel Reformed Episcopal Church; (f) St. James Catholic Church; (g) St. Mark’s Episcopal Church; (h) Basking Ridge Presbyterian Church; (i) Somerset Hills Lutheran Church; and (j) Somerset Hills Baptist Church.

(Compl. ¶ 58; Answer ¶ 58.) Similar to ISBR’s Property, seven of those houses of worship are located on properties abutting single-family residences. (Compl. ¶ 58; Answer ¶ 58.)

B. ISBR Applies to the Board for Preliminary and Final Site Plan Approval

In anticipation of its application, ISBR shared its site plan with the nearby residents, and held two open houses to discuss its plan with the community. (Answer 60.) To prepare its application in compliance with the Board’s requirements, ISBR solicited feedback from “the Board and certain engineering and planning staff’ during a January 17, 2012 work session. (Compl. ¶ 61; Answer ¶ 61.) ISBR incorporated the information obtained from the work session, and decided to build a new structure to comply with certain setback requirements instead of renovating the existing structure. (Compl. ¶ 61; Answer ¶ 61.)

On April 20, 2012, ISBR applied for preliminary and final site plan approval, proposing the construction of a 4,252 square foot mosque on the Property. (Compl. ¶ 62; Answer ¶ 62.) The site plan proposed a building consisting of “a 1,594-square-foot prayer hall, a imdu room, a multipurpose room, an entry gallery, a kitchen, and an administrative office.” (Compl. ¶ 62; Answer ¶ 62.) Additionally, the site plan provided for fifty parking spaces in light of the prayer hall’s estimated occupancy of 150 people. (Compl. ¶¶ 62, 64; Answer ¶¶ 62, 64.)

C. Community Reaction to ISBR’s Application

Prior to, and for the duration of ISBR’s pending application, ISBR faced numerous instances of community opposition. In or around January 2012, for example, Dr. Chaudry reported that “an unknown individual knocked over and stomped on ISBR’s mailbox.” (Compl. ¶ 68; Answer ¶ 68.) Additionally, in or around September 2014, Dr. Chaudry reported that an unknown individual placed stickers on ISBR’s mailbox, spelling “ISIS” in reference to the violent international terrorist group. (Compl. ¶ 82; Answer ¶ 82.)

Soon after ISBR submitted its application, the Board considered a proposed amendment to the Township’s zoning ordinance. (Compl. ¶¶ 111-13; Answer ¶¶ 111-13.) The proposed amendment “doubled the required minimum lot size from three acres to six acres and significantly increased the standards for lot coverage, floor area ratio, and building and parking setbacks.” (Compl. ¶ 114; Answer ¶ 114.) The proposed amendment categorized houses of worship as a “conditionally permitted use” and required that houses of worship have primary access from a state or county road. (Compl. ¶ 114; Answer ¶ 114.) On October 15, 2013, the Township adopted the proposed amendment. (Compl. ¶¶ 14, 116; Answer ¶¶ 14, 116.) Although the amendment did not apply to ISBR’s pending application, Plaintiffs were concerned that the amendment would apply, and ensure subsequent denials, if the Township denied their application. (Compl. ¶ 121; Answer ¶ 121.) Defendants, however, assert that the amendment was not designed with discriminatory intent. (Compl. ¶¶ 117, 119; Answer ¶¶ 117,119.)

As further indication of the community’s opposition, numerous objectors opposed ISBR’s application at the Board hearings. (Compl. ¶ 8; Answer ¶ 8.) In one instance, “a suspended lawyer with extreme views regarding Islam,” was very “outspoken” in opposition to the mosque and “exhorted the community to ‘continue to attend [Board] meetings and create awareness among ... neighbors’ while warning ‘about the Muslim practice of “taqiyya,” [which is] deceit, condoned and encouraged in the Quran.’ ” (Compl. ¶ 6 (first alteration in original); Answer ¶ 6.) Additionally, a community organization called the Bernards Township Citizens for Responsible Development (“BTCRD”) retained private counsel to represent BTCRD in the hearings. (Answer ¶ 100.)

D. Township’s Consideration and Denial of ISBR’s Application: Parking Issue

ISBR’s hearings before the Planning Board commenced on August 7, 2012, and continued until the denial of ISBR’s application on December 8, 2015—amounting to 39 hearings over a three-and-a-half year period, which is more than the Planning Board held for any previous applicant. (Compl. ¶ 65; Answer ¶¶ 65-66.) Moreover, throughout the process, the Planning Board and its professionals made a series of demands based on the Board’s interpretations of the zoning ordinance that had never been applied to any other applicant in the Township. (Compl. ¶ 8.) In response, Plaintiffs “revised their site plan and brought back professionals to testify time and again, only to find that the Board had generated yet more requirements resulting from Plaintiffs’ satisfaction of prior demands.” (Id.)

In particular, Plaintiffs’ application was subjected to unprecedented individualized inquiry into its off-street parking needs. (Compl. ¶ 127; Answer ¶ 127.) Bernards Township Ordinance § 21-22.1 (“Parking Ordinance”) (Pis.’ Ex. 2, ECF No. 31-2) sets forth a schedule of “acceptable” parking standards for a variety of uses. (Compl. ¶ 125; Answer ¶ 125.) With regard to “[cjhurches, auditoriums, [and] theaters,” the schedule provides that “[one] space for every [three] seats or [one] space for every [twenty-four] linear inches of pew space”—a 3:1 ratio—constitutes an acceptable amount of off-street parking. (Compl. ¶ 125 (second alteration in original); Answer ¶ 125.)

The word “churches” is not expressly defined in the Parking Ordinance. (Compl. ¶ 126; Answer ¶ 126.) The Parking Ordinance’s operative definitions clause provides that words that are not expressly defined have the definitions set forth in Webster’s Third New International Dictionary of the English Language (unabridged version) (“Webster’s Dictionary”). (Compl. ¶ 126; Answer ¶ 126.) The Webster’s Dictionary definition, therefore, applies. (Compl. 126; Answer 1126.) Because the Webster’s Dictionary defines “church” as “a place of worship of any religion ([e.g.,] a Muslim [mosque]),” the Parking Ordinance’s definition of “churches” includes mosques. (Compl. ¶ 126; Answer ¶ 126.)

Prior to ISBR’s application, the Planning Board applied the Parking Ordinance’s 3:1 parking ratio for “churches” to every house of worship that applied for site plan approval, including two local synagogues. (Compl. ¶ 217; Answer ¶ 127.) Additionally, prior to ISBR’s application, the Planning Board accommodated requests for fewer parking spaces than required by the Parking Ordinance—i.e. it issued downward variances. (Compl. ¶ 217; Answer ¶ 127.)

Given that ISBR’s original site plan anticipated a maximum of 150 worshippers in its prayer hall, ISBR’s application provided for fifty parking spaces—a 3:1 ratio between seats (prayer mats) and parking spaces. (Compl. ¶¶ 10,128; Answer ¶¶ 10,-128.) As part of the review process for a development proposal, the Township Planner issues a review letter designed to inform the Board of required exceptions and variances an applicant needs from the applicable land use ordinances. (Compl. ¶ 130; Answer ¶ 130.) Upon his initial assessment of ISBR’s application, Township Planner David Schley did not identify any issues with ISBR’s proposal for fifty parking spaces. (Compl. ¶ 130; Answer ¶ 130.)

On August 7, 2012, the Board initiated public hearings on ISBR’s application. (Compl. ¶ 131; Answer ¶ 131.) At the August 7, 2012 and September 4, 2012 hearings, Board members and community objectors questioned the future growth rate of ISBR’s congregation in determining the mosque’s expected occupancy. (Compl. ¶ 131; Answer ¶ 131.) In response, Dr. Chaudry stated that ISBR currently had fifty-five members and averaged sixty-five attendees at its weekly Friday afternoon service. (Compl. ¶ 132; Answer ¶ 132.) According to Dr. Chaudry, applying the highest possible growth rate would result in a maximum of 150 attendees at the weekly service within five to ten years. (Compl. ¶ 132; Answer ¶ 132.) Dr. Chaudry further assured the Board that ISBR would comply with the occupancy limits in accordance with the Township’s fire code. (Compl. ¶ 135; Answer 135.) Board member Richard Huckins responded, “I’ve read somewhere that there’s like an estimate of ... 50[,000] to 100,000 Muslims in the State of New Jersey.... I find it hard to believe that you would see such a small number to just go from fifty-five to 150.” (Compl. ¶ 133; Answer ¶ 133.)

Following these hearings, Board Planner Banisch issued a revised October 25, 2012 memorandum on the issue of parking. (Compl. ¶ 136; Answer ¶ 136.) There, Mr. Banisch estimated the size of a Muslim prayer mat and calculated that 168 prayer mats could theoretically fit into the prayer hall. (Compl. ¶ 136; Answer ¶ 136.) The Board subsequently requested ISBR to submit parking ratio information, and specifically included in their request a 2010 publication, by the Institute of Transportation Engineers (“ITE”), entitled Parking Generation. (Compl. ¶¶ 138, 140; Answer ¶¶ 138, 140.) In or around December 2012, ISBR submitted the five industry publications the Board requested, including the ITE Parking Generation report concerning parking ratios for various houses of worship. (Compl. ¶ 140; Answer ¶ 140.) The ITE Parking Generation report contains parking standards specific to Muslim mosques, and states:

It should be understood that the data contained in this report are collected by volunteers and are not the result of a financed research effort. The ranges of information and statistics are provided only as an informational guide to planners and designers regarding parking demand. This informational report does not provide authoritative findings, recommendations, or standards on parking demand.

(Compl. ¶¶ 138, 145; Answer ¶¶ 138, 145.)

Prior to ISBR’s application, the Board had never applied ITE’s parking rates to any house of worship’s application for site plan approval. (Answer ¶ 139.) Notably, the ITE parking rates at issue were not published until 2010 and were, therefore, unavailable when houses of worship submitted proposed site plans to the Board prior to ISBR’s application. (Id. ¶ 139.) Based on the requested submissions, the parking recommendations ranged from thirty-six to 110 spaces. (Compl. ¶ 140; Answer ¶ 140.) Of the publications, the ratio derived from the ITE Parking Generation report recommended the highest requirement—110 spaces. (Compl. ¶ 140; Answer ¶ 140.)

A week later, on December 21, 2012, BTCRD objectors asserted that the Parking Ordinance’s 3:1 ratio for churches did not apply to ISBR’s application “because a mosque is not a church.” (Compl. ¶ 141; Answer ¶ 141.) BTCRD argued that the mosque-specific ratio in- ITE’s Parking Generation report required 110 spaces, which exceeded the 3:1 ratio. (Compl. ¶ 141; Answer ¶ 141.) Shortly thereafter, on January 3, 2013, Board Attorney Jonathan Drill and Board Planner Banisch issued a joint memorandum (“Drill/Banisch Memo”) that set forth two legal positions:

1) that the Parking Ordinance required the Board to engage in an individualized analysis of every applicant’s parking need, regardless of the ratios set forth in the ordinance; and

2) that the Parking Ordinance’s 3:1 ratio for “churches” applied only to Christian churches.

(Compl. ¶ 142; Answer ¶ 142.)

In support of the first position, the Board referenced the following language from the Parking Ordinance:

Since a specific use may generate a parking demand different from those enumerated below, documentation and testimony shall be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may ... [i]n the case of nonresidential uses, require that provision be made for the construction of spaces in excess of those required hereinbelow, to ensure that the parking demand will be accommodated by off-street spaces.

(Compl. ¶ 144; Answer ¶ 144.) Based on this provision, the Drill/Banisch Memo incorporated the ITE Parking Generation report’s rate for mosques and calculated that ISBR must provide 110 parking spaces. (Compl. ¶ 145; Answer ¶ 145.) The Drill/Banisch Memo provided that ISBR could present alternative recommendations “based on a local parking study,” and that the 110 parking space requirement would be reconsidered upon submission of evidence indicating otherwise. (Compl. ¶ 145; Answer ¶ 145.)

Accordingly, the Board requested that ISBR Traffic Engineer Henry Ney (“Mr. Ney”) submit additional evidence on the issue of parking. (Compl. ¶ 146; Answer ¶ 146.) In response, Mr. Ney collected data from four different mosques on six different occasions and calculated the number of parking spaces. (Compl. ¶ 146; Answer ¶ 146.) From January to June 2013, ISBR presented supplemental parking studies and testimony with regard to ISBR’s estimated parking needs. (Answer ¶ 146.) On June 4, 2013, BTCRD objectors presented their own traffic engineer, Alexander Lit-wornia (“Mr. Litwornia”). (Answer ¶ 149.) Mr. Litwornia projected ISBR’s parking demands based on the number of attendees per car and found that ISBR should provide 107 parking spaces. (Answer ¶ 149; Compl, ¶ 149.) Despite the fact that ISBR’s congregation currently peaked at sixty-five worshippers for one weekly service, the Board voted to require 107 parking spaces. (Compl. ¶ 10; Answer ¶¶ 10,150.)

In response, ISBR offered to split its weekly service into two separate services, similar to certain local churches. (Compl. ¶ 151; Answer ¶ 151.) Splitting the weekly service would reduce the parking demand by half and would resolve any other potential parking concerns, (Compl. ¶ 151; Answer ¶ 151.) ISBR Traffic Engineer Mr. Ney further' offered that ISBR could engage in other strategies implemented by local churches, such as ride-sharing arrangements, valet parking, or a nearby lot for overflow parking. (Compl. ¶ 151; Answer ¶ 151.) Ultimately, ISBR revised its site plan to provide for 107 parking spaces, although ISBR did not formally create a final site plan including this revision. (Compl. ¶ 11; Answer ¶ 11.) The Board, nevertheless, denied ISBR’s application on January 19, 2016. (Compl. ¶¶ 15,123; Answer ¶¶ 15,123.)

E. Township’s Treatment of Non-Islamic Religious Institutions

1. Chabad Jewish Center

In August 1995, Chabad Jewish Center (“Chabad”), which is located in a residential zone, applied for preliminary and final site plan approval to construct a forty-seat synagogue as an addition to an existing structure. (Compl. ¶ 244; Answer ¶244.) The Board promptly approved Chabad’s application in less than three months, after two public hearings. (Compl. ¶ 244; Answer ¶ 244.)

Chabad’s proposed site plan applied the Parking Ordinance’s 3:1 ratio and provided seventeen parking spaces. (Compl. ¶ 245; Answer ¶ 245.) Chabad’s site plan explicitly noted to the Board that it was applying the 3:1 ratio. (Compl. ¶ 245; Answer ¶ 245.) Additionally, Chabad offered to provide three additional parking spaces over the required 3:1 ratio. (Compl. ¶ 245; Answer ¶ 245.) At the Board’s hearings regarding Chabad’s application, no debate occurred over the required number of off-street parking spaces, and “the Board did not perform an individualized inquiry into Chabad’s actual parking needs.” (Compl. ¶ 245; Answer ¶ 245.) Upon reviewing Chabad’s application, the Board found Chabad’s parking proposal to be “adequate.” (Compl. ¶ 245; Answer ¶ 245.)

Years later, in November 2000, Chabad applied for site plan approvals regarding the addition of a 2,581 square foot clergy residence, an 18,126 square foot building for classrooms and offices, a 6,318 square foot 200-seat sanctuary, and a 175-seat social hall. (Compl. ¶ 249; Answer ¶ 249.) In less than six months, and after two public hearings, the Board approved Cha-bad’s proposals. (Compl. ¶ 249; Answer ¶ 249.)

When evaluating Chabad’s November 2000 site plan proposals, the Board applied the Parking Ordinance’s 3:1 ratio to Cha-bad’s proposed 200-seat sanctuary, multiple classrooms, and clergy residence, and required ninety-four parking spaces. (Compl. ¶ 250; Answer ¶ 250.) In applying the 3:1 ratio, the Board did not consider the proposed 175-seat social hall because Chabad testified that certain parts of the structure would not be simultaneously used. (Compl. ¶¶ 250-51; Answer ¶¶250-51.) Additionally, the Board considered Chabad’s agreement with a neighboring church to use its lot as an overflow parking lot. (Compl. ¶251; Answer ¶251.) The Board ultimately granted Chabad a downward variance from the Parking Ordinance’s 3:1 ratio, requiring only sixty-nine spaces if Chabad provided for an off-duty police officer to regulate traffic. (Compl. ¶ 251; Answer ¶ 251.)

2. Congregation B’nai Israel

In or around November 1993, Congregation B’nai Israel (“B’nai Israel”), which is located in a residential zone, applied for preliminary and final site plan approval, proposing a 25,808 square foot complex consisting of a synagogue, religious school, and nursery school. (Compl. ¶ 257; Answer ¶ 257.) Within less than five months, the Board granted both preliminary and final site approval after two public hearings. (Compl. ¶ 257; Answer ¶ 257.)

Upon reviewing B’nai Israel’s site plan, which proposed 745 seats, the Board calculated that the Parking Ordinance required 138 parking spaces, which amounts to less than a 3:1 ratio. (Compl. ¶ 258; Answer ¶258.) B’nai Israel, in turn, requested a downward variance and proposed providing eighty parking spaces: fifty-seven paved and twenty-three gravel, (Compl. ¶ 258; Answer ¶ 258.) In support, B’nai Israel also offered to implement valet parking if attendance reached “peak capacity.” (Compl. ¶258; Answer ¶ 258.)

The Board granted B’nai Israel’s proposal for eighty parking spaces because “the proposed parking areas [are] constrained by the locations of the proposed septic field and of the wetlands area on the Property,” such that “strict enforcement of the requirement regarding the number of parking spaces to be provided would be impracticable or would exact undue hardship.” (Compl. ¶ 259; Answer ¶ 259.) Upon granting B’nai Israel’s application, the Board recommended that B’nai Israel provide for a grass-covered overflow parking lawn. (Compl. ¶ 259; Answer ¶ 259.)

3. Millington Baptist Church

In or around 1998, Millington Baptist Church (“Millington”), which is located in a residential zone, applied for preliminary site plan approval proposing construction of a 67,390 square foot church with 1,200 seats, twenty-one Sunday School classrooms, and 403 parking spaces. (Compl. ¶ 269; Answer ¶ 269.) In October 2000, the Board approved Millington’s application. (Compl. ¶ 269; Answer ¶ 269.).

In considering Millington’s application, the Board applied the Parking Ordinance’s 3:1 ratio for “churches,” (Compl. ¶270; Answer ¶ 270.) “The Board did not perform an individualized analysis of Milling-ton’s actual parking need.” (Compl. ¶ 270; Answer ¶ 270.) The Board, therefore, “treated Millington differently and better than ISBR in that the Board calculated parking for a house of worship using the 3:1 parking ratio set forth in the [Parking] [Ordinance.” (Compl. ¶ 270; Answer ¶ 270.)

Years later, in or around 2007, Milling-ton applied for preliminary and final site plan approval, as well as variance relief from the parking requirement, for the construction of a youth and family ministry building as an addition to the existing structures. (Compl. ¶¶ 273-74; Answer ¶¶ 273-74.) In May 2008, the Board approved Millington’s application after four public hearings. (Compl. ¶ 273; Answer ¶ 273.)

In reviewing Millington’s 2007 application, the Board noted that Millington’s proposal for 157 parking spaces fell short of the 384 parking spaces required by the Parking Ordinance. (Compl. ¶ 274; Answer ¶ 274.) Even Millington admitted that its proposed on-site parking was inadequate during Sunday mornings, (Compl. ¶ 274; Answer ¶ 274.) Millington nevertheless requested a downward variance from the Parking Ordinance’s 3:1 ratio, proposing to supplement its existing parking spaces by using a nearby shopping center’s lot or a shuttle service. (Compl. ¶ 274; Answer ¶ 274.) The Board granted Millington’s proposal for 157 parking spaces but required that Millington provide seventy-five off-site parking spaces along with a shuttle service. (Compl. ¶ 274; Answer ¶ 274.)

III. Legal Standard

Under Federal Rule of Civil Procedure 12(c), “judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that [the movant] is entitled to judgment as a matter of law.” Rosenau v. Unifund Corp., 539 F.3d 218, 221 (3d Cir. 2008) (quoting Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290-91 (3d Cir. 1988)). “[The Court] must view the facts presented in the pleadings and the inferences to be drawn therefrom in the light most favorable to the nonmoving party.” Id. (quoting Jablonski, 863 F.2d at 290-91). “The assumption of truth does not apply, however, to legal conclusions couched as factual allegations....” Bethea v. Roizman, No. 11-254, 2012 WL 4490759, at *5 (D.N.J. Sept. 27, 2012).

Specifically, where a plaintiff brings the motion for judgment on the pleadings, “the question for determination is whether on the undenied facts alleged in the complaint and assuming as true all the material allegations of fact in the answer, the plaintiff is entitled to judgment as a matter of law.” United States v. Blumenthal, 315 F.2d 351, 352 (3d Cir. 1963). In other words, “the question is whether the facts alleged in the answer are material in the sense that, if proved, they will constitute a legal defense to the plaintiffs claim.” Id. at 352-53.

IV. Parties’ Positions

A. Count Three: Discrimination on the Basis of Religion under RLUIPA

Plaintiffs argue that the Planning Board discriminated against ISBR because, “[b]ut for ISBR’s faith, it would not have been required to incorporate plans for a parking lot [that is] more than twice the size of what would be ‘acceptable’ for a church or synagogue.” (Pis.’ Moving Br. 13, ECF No. 30.) Plaintiffs assert that Defendants, therefore, have admitted in their pleadings a violation of RLUIPA’s prohibition against religious discrimination. (Id.)

Under RLUIPA’s Nondiscrimination Provision, Plaintiffs argue that “[ijnvidious motive is not a necessary element,” but rather “[a]ll you need is that the state actor meant to single out a plaintiff because of the protected characteristic itself.” (Id. at 15 (quoting Hassan v. City of New York, 804 F.3d 277, 297 (3d Cir. 2015)).) In applying this standard, Plaintiffs argue that it is sufficient to show that Defendants would not have applied the “different” parking standards to ISBR’s application if Plaintiffs were not Muslim. (Id.)

Plaintiffs assert that the Parking Ordinance lays out a clear 3:1 ratio for houses of worship applying for site approval. (Id. at 17.) Plaintiffs further argue that Defendants admit to applying the 3:1 ratio to every house of worship since the Parking Ordinance was first adopted. (Id.) In contrast, Plaintiffs assert that Defendants admit that the 3:1 ratio was not applicable to “mosques,” and instead only applied to “churches, auditoriums and theaters.” (Id.) According to Plaintiffs, Defendants have admitted that they “subjected ISBR to an ‘individualized determination’ based on an erroneous interpretation that had never been applied to any other applicant, only because the proposed establishment was not a [Christian] church, but a mosque.” (Id.)

In anticipation of Defendants’ reliance on the ITE Parking Generation report, Plaintiffs argue that Defendants only applied the ITE parking standards because ITE “explicitly distinguished among mosques, synagogues, and churches as to parking requirements.” (Id.) Plaintiffs argue that the ITE Parking Generation report was the only known source that made the distinctions and that ITE’s report does not provide governments with “a free pass to discriminate on the basis of religion.” (Id. at 18.)

Plaintiffs further argue that Defendants had never “engage[d] in individualized determinations of parking need for any prior applicants.” (Id.) “Rather, the Planning Board applied the Parking Ordinance’s 3:1 ratio to a church (Millington) and two synagogues (B’nai Israel and Chabad), but not to ISBR.” (Id.) Plaintiffs additionally argue that Defendants “admit that the Planning Board historically applied the 3:1 ratio to synagogues[,] despite [their] position with respect to ISBR’s application that the word ‘church’ in the [Parking] [Ordinance refers only to Christian churches.” (Id.)

In opposition, Defendants argue that RLUIPA requires Plaintiffs to identify “similarly situated comparators” to determine whether discrimination occurred under RLUIPA’s Nondiscrimination Provision, as well as the Equal Terms Provision—a separate provision of RLUI-PA that prohibits disparate treatment between religious and secular institutions. (Defs.’ Opp’n Br. 19, ECF No. 46.) Defendants further assert that the Equal Terms Provision of RLUIPA does not require a substantial burden or strict scrutiny analysis, and instead requires that a plaintiff show disparate treatment from a similarly situated nonreligious person or entity. (Id. at 20.)

In applying this standard, Defendants argue that they have not admitted to disparate application of the 3:1 parking ratio. (Id. at 22.) Defendants also argue that ISBR’s application was the first instance in which they applied the ITE parking standards because the revised 2010 standards did not exist until ISBR’s application. (Id.) Defendants further argue that Plaintiffs have not established that Defendants applied a “novel, individualized parking requirement” to ISBR’s application because Plaintiffs have not offered any evidence that Defendants failed to consider other applicants’ individual parking needs. (Id. at 23.)

Moreover, Defendants argue that the Parking Ordinance “recognizes that a specific use may generate a parking demand different from the schedule!,] thus re-quir[ing] testimony and documentation as to the anticipated parking demand.” (Id. at 26.) Because the purpose of the Parking Ordinance is “to accurately assess the parking demand as to each specific use,” Defendants assert that an evenhanded application of the Parking Ordinance would nevertheless result in different ratios depending on the specific application. (Id. at 27.) Specifically, Defendants argue that Plaintiffs have failed to identify similarly situated comparators because the comparator-applications identified by Plaintiffs pre-date ISBR’s 2012 application and the 2010 ITE Parking Generation report. (Id. at 26.) Defendants additionally argue that the 3:1 ratio is specifically applicable to “churches,” which have different traffic patterns than mosques or synagogues. (Id.)

Further, Defendants argue that requiring 107 spaces would permit ISBR’s mosque to grow, because accepting ISBR’s proposal of fifty or fifty-six spaces would limit additional people from attending worship service. (Id. at 29.) According to Defendants, Plaintiffs testified that congregants could find off-site parking but were unable to identify a specific location. (Id.)

Specifically, as to RLUIPA’s Nondiscrimination Provision, Defendants argue that Plaintiffs must establish discriminatory intent. (Id. at 21.) Further, Defendants argue that Plaintiffs mischaracterize RLUI-PA’s Nondiscrimination Provision as “switching the burden of proof to the government after the plaintiff makes out a prima facie case.” (Id. at 22.)

In applying the Nondiscrimination Provision, Defendants argue that Plaintiffs have failed to proffer direct or circumstantial evidence of discrimination or intent to discriminate based on religion. (Id. at 23.) Defendants assert that the pleadings show that “the Board treated all of the houses of worship the same in accordance with the standards in effect at the time.” (Id.) According to Defendants, the ITE parking standards are authoritative and were updated in 2010 “to allow greater accuracy in determining parking requirements, and would be applied to any mosque, church or synagogue after that date.” (Id.)

Defendants also argue that all applicants are “required to present evidence of anticipated parking demand.” (Id. at 24.) Specifically, with regard to ISBR’s application, Defendants state that they took testimony from ISBR Traffic Engineer Mr. Ney, who recommended “that the number of occupants should be divided by a factor of 1.35” to determine the parking need. (Id. at 25.) Moreover, Defendants note that the objector BTCRD’s expert traffic engineer, Mr. Litwornia, recommended “that the number of occupants should be divided by a factor of 1.4.” (Id.)

According to Defendants, “the Board gave more weight to Mr. Litwo[m]ia’s opinion due to ‘the strengths and weaknesses of [Mr. Ney and Mr. Litwomia’s] analyses’ and decided that the required number of parking spaces was 107.” (Id.) Defendants assert that “[i]t is the Board’s prerogative to credit or discredit the expert opinions.” (Id.) Defendants further argue that “[a]t all times the applicant bears the burden of proof on its application, and if the burden is not sustained!,] the [B]oard has no choice but to deny the application.” (Id.)

Next, in response to Plaintiffs’ reliance on Hassan to argue the relevant standard for discriminatory intent, Defendants argue that Hassan is irrelevant because it did not involve the application of zoning ordinances. (Defs.’ Opp’n Br. 27 (citing Hassan, 804 F.3d at 297).) In further response to Hassan, Defendants argue that even if Plaintiffs were not required to establish discriminatory intent, Plaintiffs have failed to establish disparate treatment. (Id. at 28.) Defendants also distinguish Plaintiffs’ reliance on Fowler v. Rhode Island, by asserting that, unlike the government in Fowler, Defendants did not concede that they disparately treated ISBR. (Defs.’ Opp’n Br. 27 (citing Fowler, 345 U.S. 67, 69, 73 S.Ct. 526, 97 L.Ed. 828 (1953)).)

In reply, Plaintiffs argue that Defendants admit that the 3:1 ratio should apply to mosques, when in fact the Planning Board refused to consider mosques as “churches” under the Parking Ordinance. (Pis.’ Reply Br. 3, EOF No. 51.) Plaintiffs further argue that Defendants fail to dispute that they adopted a “mosque-specific methodology,” which Defendants justify by relying on the ITE Parking Generation report. (Id. at 4.) According to Plaintiffs, Defendants admit that the Parking Generation report acknowledges that it is not authoritative and is merely an “informational guide.” (Id.) Contrary to Defendants’ arguments, Plaintiffs assert that New Jersey law does not view the ITE Parking Generation report as authoritative and that ISBR traffic engineer Mr. Ney only included the ITE-based calculations in his work at the Planning Board’s direction. (Id.)

In response to Defendants’ efforts to distinguish Hassan, Plaintiffs argue that Hassan supports the proposition that invidious purpose is not required to support a RLUIPA violation. (Id. at 5.) Plaintiffs argue that the instant matter, like Hassan, involves governmental policy decisions that are based on Plaintiffs’ religious affiliation. (Id.)

Finally, with regard to Defendants’- argument that Plaintiffs have failed to identify sufficient comparators, Plaintiffs argue that RLUIPA’s Nondiscrimination Provision does not require comparators. (Id. at 6.) According to Plaintiffs, the Third Circuit only requires comparators under RLUIPA’s Equal Terms Provision, and not the Nondiscrimination Provision. (Id. at 6-7.) Plaintiffs further assert that even if comparators were required, Chabad, B’nai Israel, and Millington are sufficient comparators. (Id. at 7-9.)

B. Counts Eight and Ten: Unconstitutional Vagueness under the United States and New Jersey Constitutions

With regard to Counts Eight and Ten, Plaintiffs argue that certain provisions of the Parking Ordinance are unconstitutionally vague under the United States and New Jersey Constitutions, Specifically, Plaintiffs argue that the provisions in the Parking Ordinance permitting the Board to discretionarily raise parking requirements in excess of the 3:1 ratio affords the Planning Board unbridled discretion. (Pls.’Moving Br. 19.)

In support of their argument, Plaintiffs rely on Cunney v. Board of Trustees of Village of Grand View, N.Y., 660 F.3d 612 (2d Cir. 2011), and Bykofsky v. Borough of Middletown, 401 F.Supp. 1242 (M.D. Pa. 1975), as examples where similarly vague ordinances were found unconstitutional. (Pis.’ Moving Br, 19-22.) Based on the case law, Plaintiffs argue that the challenged portions of the Parking Ordinance fail to contain any objective criteria to prevent discriminatory or arbitrary enforcement. (Id.) Plaintiffs also rely on Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95, 499, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982), for the proposition that the vagueness test is more rigorous where the challenged ordinance threatens constitutionally protected rights. (Pis.’ Moving Br. 22-23.) Additionally, Plaintiffs argue that the New Jersey Constitution similarly prohibits unbridled discretion and requires workable guidelines and criteria to prevent arbitrary decision-making. (Id. at 23-26.) Plaintiffs finally assert that, upon a finding of unconstitutional vagueness, the Court should excise the challenged provisions and leave the remainder of the Parking Ordinance intact. (Id. at 26.)

In opposition, Defendants argue that the Parking Ordinance provides sufficient guidelines under the United States and New Jersey Constitutions. (Defs.’ Opp’n Br. 31-40.) In support, Defendants state that the Parking Ordinance contains a “clear” objective: to “provide for parking demand by requiring off-street parking except as noted for residential development.” (Id. (quoting Bernards Twp. Ord. § 21-22.1).) Defendants additionally cite to the Parking Ordinance’s schedule of acceptable parking standards, which Defendants argue provides a 3:1 ratio for churches “but not mosques.” (Id. at 33, 36, 38.) Further, Defendants contend that the more stringent vagueness test under Hoffman Estates does not apply because Hoffman Estates did not involve parking. (Id. at 37-38.)

Next, Defendants argue that an ordinance need not provide for all conceivable applications, “such as mosques,” and that the Parking Ordinance’s provision for accepting case-specific evidence from applicants constitutes a sufficient standard for unspecified uses. (Id. at 33-34.) Defendants also argue that the Parking Ordinance requires the Board to base its decision on applicants’ case-specific evidence, thereby further'limiting the Board’s discretion. (Id. at 34-36.)

Defendants proceed to distinguish Plaintiffs’ reliance on Cunney by arguing that the Second Circuit case did not involve parking-needs. (Id. at 34-35.) Defendants further state that the ordinance in Cunney did not contain the necessary specifications, whereas the Parking Ordinance provides sufficient guidelines. (Id. at 35.) Defendants, however, do not elaborate on-this point. (Id.) Defendants similarly argue that Bykofsky is inapplicable because it involved a penal ordinance and because it upheld portions of the ordinance as necessarily flexible. (Id. at 37.) Defendants additionally argue that the Parking Ordinance provides the Board with necessary flexibility and provides applicants adequate notice of what constitutes sufficient off-street parking. (Id. at 35.) For these propositions, Defendants cite the Parking Ordinance’s procedure for permitting applicants to submit documentation and testimony. (Id. at 35-36.)

In reply, Plaintiffs assert that Defendants have failed to cite any precedent for permitting unbridled discretion in determining parking requirements. (Pis.’ Reply Br. 11.) Finally, Plaintiffs respond that Defendants’ reliance on the procedure for submitting applicants’ evidence does not constitute a standard by which the Board must objectively determine off-street parking needs. (Id. at 11-12.)

Y. Amicus Curiae

A. First Amicus Brief

The First Amicus Brief is submitted by “religious, legal, and civil liberties organizations concerned that [RLUIPA] be accurately interpreted and that constitutional rights be fully enforced.” (First Amicus Br. 1, ECF No. 75.) The First Amicus Brief discusses RLUIPA’s legislative history and relevant case law to argue that Congress’s objective was to redress the very behavior giving rise to the instant matter. (See, e.g., id. at 4.) According to the First Amicus Brief, litigation trends “demonstrate that the number of RLUIPA cases involving mosques is disproportionate to the percentage of Muslims in the U.S. population.” (Id.) On the merits, the First Amicus Brief supports Plaintiffs’ arguments that Defendants violated RLUI-PA’s Nondiscrimination Provision and that the Parking Ordinance is unconstitutionally vague. (Id. at 5-15.)

B. Second Amicus Brief

The Second Amicus Brief consists of civil liberties and civil advocacy groups “that work to serve members of religious communities and bridge interfaith understanding.” (Second Amicus Br. 1, ECF No. 76.) The Second Amicus Brief argues that Defendants’ treatment of ISBR is indicative of a growing level of national and local anti-Muslim animus. (Id. at 3-5.) Additionally, the Second Amicus Brief describes multiple instances of alleged hate crimes directed toward Islamic houses of worship, and argues that “ISBR was a target of anti-Muslim hate crimes.” (Id. at 5-7.)

The Second Amicus Brief also cites cases involving alleged overt acts of zoning-related anti-Muslim animus and examples of “pretextual zoning arguments,” as evidence that “anti-Muslim RLUIPA cases continue[] to rise at an alarming rate.” (Id. at 7-11.) Finally, the Second Amicus Brief asserts that “[r]eligious land-use matters are particularly relevant in New Jersey” because it is “the most densely populated state in the country, as well as one of the most racially, ethnically, and religiously diverse states.” (Id. at 12.) In support, the Second Amicus Brief points toward other instances of alleged anti-Muslim animus based on discriminatory zoning practices in New Jersey. (Id. at 12-13.)

VI. Discussion

A. Count Three: Discrimination on the Basis of Religion under RLUIPA

Congress passed RLUIPA upon finding that local zoning boards would use “vague and universally applicable reasons,” such as traffic or aesthetics, to contrive widespread discrimination on the basis of religion. See 146 Cong. Rec. S7, 774-01, (daily ed. July 27, 2000) (joint statement of Sens. Hatch & Kennedy), 2000 WL 1079346, at *S7774. RLUIPA’s first section (“Substantial Burdens Provision”) prohibits land use regulations that substantially burden the exercise of religion unless the government action can survive a strict scrutiny analysis. 42 U.S.C. § 2000cc(a)(l)-(2); see also Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253, 269 (3d Cir. 2007) (“[T]he Substantial Burden[s] section includes a strict scrutiny provision”). The second section of RLUIPA prohibits discrimination and impermissible exclusion on the basis of religion by prohibiting three distinct types of regulations: (1) land use regulations that treat a “religious assembly or institution on less than equal terms with a nonreligious assembly or institution” (“Equal Terms Provision”); (2) land use regulations that “discriminate[ ] against any assembly or institution on the basis of religion or religious denomination” (“Nondiscrimination Provision”); and (3) land use regulations that “totally exclude[ ] religious assemblies from a jurisdiction,” or “unreasonably limit[] religious assemblies, institutions, or structures within a jurisdiction” (“Exclusions and Limits Provision”). 42 U.S.C. § 2000cc(b)(l)-(3). Plaintiffs’ instant Motion, as to Count Three, arises under the Nondiscrimination Provision.

Whereas the Substantial Burdens Provision “is directly responsive to the difficulty of proof’ where zoning boards engage in individualized assessments, the Equal Terms and Nondiscrimination Provisions “enforce the Free Exercise Clause ... against [land use regulations] that burden religion and are not neutral and generally applicable.” 146 Cong. Rec. S7,774-01, 2000 WL 1079346, at *S7775; see also Lighthouse Inst., 510 F.3d at 264 (quoting 146 Cong. Rec. 87,774-01, 2000 WL 1079346, at *S7774). RLUIPA defines “[l]and use regulation” as “a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land.” 42 U.S.C. § 2000cc-5(5) (emphasis added). At issue in Plaintiffs’ Motion under the Nondiscrimination Provision, therefore, is whether the Parking Ordinance and Defendants’ application of the Parking Ordinance are neutral and generally applicable with regard to religion.

When applying RLUIPA, courts “shall ... construe[ ] [the statute] in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of [the statute] and the Constitution.” 42 U.S.C. § 2000cc-3(g). Additionally, “[i]f a plaintiff produces prima facie evidence to support a claim alleging a violation of ... [RLUIPA], the government shall bear the burden of persuasion on any element of the claim.” 42 U.S.C. § 2000cc-2(b).

The Court first examines the text of the Parking Ordinance under RLUIPA, In pertinent part, the Parking Ordinance sets forth a schedule containing “[parking] standards acceptable to the Township.” Bernards Twp. Ord. § 21-22.1al. The schedule specifically sets forth a 3:1 ratio, between seats and parking spaces, for “[c]hurches, auditoriums, [and] theaters.” Bernards Twp. Ord. § 21-22.1. The Purpose Section of the Township Ordinance provides: “[a]ny word or term not defined herein shall be used with a meaning as defined in Webster’s Third New International Dictionary of the English Language, unabridged (or latest edition).” Bernards Twp. Ord. § 21-2. The Bernards Township Ordinance does not define the term “church.” (Compl. ¶ 126; Answer ¶ 126.) According to Webster’s Dictionary, “church” is defined as “a place of worship of any religion ([e.g.,] a Muslim [mosque] ).” (Compl. ¶ 126; Answer ¶ 126.)

Based on the applicable definition of “church,” the Court finds that the Parking Ordinance’s 8:1 ratio for “churches” applies to mosques. Moreover, because the term “churches” applies to places of worship for any religion, the Court finds that the Parking Ordinance is neutral and generally applicable with regard to religion.

In them Answer, Defendants insist, without explanation, that the Parking Ordinance’s use of the term “churches” does not include mosques. (See Compl. ¶ 142; Answer ¶ 142.) When the Court specifically asked counsel for Defendants at oral argument whether the Parking Ordinance’s 3:1 ratio for “churches” applies to mosques, counsel responded:

[Defendants] admit what the statute says. We don’t admit that mosques are considered churches for the purposes of the statute. For instance, one of the other parts of the ordinance, 21-10.4(a)(1)(c), [which is now codified at Section 21-10.4a3(g),] refers to houses of worship as opposed to just churches or mosques or specifically denominating any other type of religious institution. Again, it makes no sense.

(Oral Arg. Tr. 34:6-12, Dec. 20, 2016.) In response to the Court’s question, Defendants referred to a different section of the Bernards Township Ordinance that defines various zones subject to the Township’s regulation—Section 21-10.4a3(g). Section 21-10.4a3(g) states that “[hjouses of worship and/or houses of worship with clergyman’s residence on the same premises in accordance with' Section 21-12” constitute “[cjonditional [ujses” in certain residential zones. Bernards Twp. Ord. § 21-10.4a3(g).

Upon reviewing Section 21-10.4a3(g), the Court .finds that Defendants’ reference to the term “house of worship” is not pertinent to the Parking Ordinance’s definition of “churches.” Unlike “churches,” and contrary to Defendants’ argument, the Township Ordinance expressly defines “house of worship” as: “a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.” Bernards Twp. Ord. § 21-3.1. Moreover,. even if the Court were to assume a relationship between the two terms, the term “house of worship” does not suggest the exclusion of mosques from its definition. Defendants’ argument, therefore, further supports the inclusion of mosques in the Parking Ordinance’s definition of “churches.”

Upon reviewing the relevant provisions, the Court finds that the Parking Ordinance’s 3:1 ratio applies to churches, synagogues, and mosques. Accordingly, the Parking Ordinance is neutral and generally applicable, and does not give rise to a facial violation of RLUIPA’s Nondiscrimination Provision.

The Court next examines Defendants’ application of the Parking Ordinance. Here, it is undisputed that Defendants interpreted the term “churches” to exclude mosques. According to Defendants’ interpretation, the Parking Ordinance makes a clear ' distinction between . Christian churches and Muslim mosques. The remaining issue, therefore, is whether this distinction constitutes discrimination on the basis of religion.

In setting forth their arguments, the parties disagree on four core issues: (1) the applicable standard of intent; (2) whether RLUIPA’s Nondiscrimination Provision requires Plaintiffs to establish similarly situated comparators; (3) whether Plaintiffs’ proffered comparators are similarly situated to Plaintiffs; and (4) whether Defendants’ disparate treatment of Christian churches, Jewish synagogues, and Muslim mosques is based on religion, as opposed to some other legitimately distinguishing characteristic. The Court addresses each in turn.

1. The Applicable Standard of Intent

Plaintiffs argue that Defendants’ intent to apply the 8:1 ratio differently on the basis of religion is sufficient, regardless of whether Defendants possessed animosity toward a particular religious group, (Pis.’ Moving Br. 15 (citing Hassan, 804 F.3d at 297-98).) Defendants argue that Plaintiffs fail to offer evidence of requisite intent, but Defendants do not further elaborate and do not directly confront Plaintiffs’ reliance on Hassan. (See, e.g., Defs.’ Opp’n Br. 1, 3, 4, 12, 28.) In one instance, Defendants argue that Plaintiffs fail to offer sufficient evidence to satisfy the elements set forth in Chabad Lubavitch of Litchfield Cty., Inc. v. Litchfield Historic District Commission, where the Second Circuit considered discriminatory intent without requiring comparators. (Defs.’ Opp’n Br. 21 (citing Chabad, 768 F.3d 183, 198-200 (2d Cir. 2014)).) Here, the Court agrees with Plaintiffs’ analysis of Hassan in support of their proposition and finds that Defendants have admitted to the requisite intent. As set forth below in greater detail, the Third Circuit has not adopted the analysis outlined in Chabad.

Moreover, neither RLUIPA nor Third Circuit jurisprudence indicates a more rigorous intent requirement. As confirmed in their pleadings, Defendants’ decision to exclude mosques from the Parking Ordinance’s 3:1 ratio for “churches” was intentional. (See Compl. ¶ 142; Answer ¶ 142; Defs.’ Opp’n Br. 26, 33; Oral Arg. Tr. 34:7-12.) Plaintiffs have accordingly satisfied the intent requirement and need not prove that Defendants harbored hostility toward Muslims under RLUIPA’s Nondiscrimination Provision.

2. Whether RLUIPA’s Nondiscrimination Provision Requires Similarly Situated Comparators

Generally, the Third Circuit requires similarly situated comparators under RLUIPA’s Nondiscrimination Provision. Where a government expressly discriminates on the basis of religion, however, the Nondiscrimination Provision does not require a showing of similarly situated comparators. The instant case presents an example of express discrimination, thus precluding the need to identify specific comparators.

The Third Circuit’s seminal case on RLUIPA’s Equal Terms and Nondiscrimination Provisions is Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253 (3d Cir. 2007). Lighthouse Institute arose under the Equal Terms Provision, and there, the Third Circuit established that both Provisions are subject to similar standards. See, e.g., id. at 263 (determining that neither the Equal Terms Provision nor the Nondiscrimination Provision requires a showing of substantial burden on religious exercise).

In Lighthouse Institute, the court cited legislative history that categorized both the Equal Terms and Nondiscrimination Provisions as “enforcing] the Free Exercise rule against laws that burden religion and are not neutral and generally applicable.” 510 F.3d at 264 (quoting 146 Cong. Rec. 87,774-01, 2000 WL 1079346, at *S7776). The Third Circuit elaborated that “[u]nder Free Exercise cases, the decision whether a regulation violates a plaintiffs constitutional rights hinges on a comparison of how it treats entities or behavior that have the same effect on its objectives.” Id. Having categorized the Nondiscrimination Provision as also enforcing the Free Exercise of religion, the Third Circuit equally implicated the Nondiscrimination Provision when concluding that Free Exercise cases require comparators. See Albanian Associated Fund v. Twp. of Wayne, No. 06-3217, 2007 WL 2904194, at *11 (D.N.J. Oct. 1, 2007) (stating that “the Third Circuit, unlike other circuits, appears to treat the [Equal Terms and Nondiscrimination Provisions] as both incorporating the ‘similarly situated’ analysis”).

In reply to Defendants’ reliance on Lighthouse Institute, Plaintiffs argue that the Court should adopt the Second Circuit’s analysis in Chabad because it is “ ‘one of the few courts’ to have examined the Non[d]iscrimination [Provision.” (Pis.’ Reply Br. 6.) In Chabad, the Second Circuit interpreted RLUIPA’s Nondiscrimination Provision as not requiring comparators to establish a violation. See 768 F.3d at 199 (determining that analyzing comparators “is not necessary to establish a nondiscrimination claim.... [and that a valid claim] may be proven without reference to a religious analogue”). Plaintiffs’ rationale for adopting Chabad, however, is that Lighthouse Institute only required comparators for the Equal Terms Provision and that the Third Circuit has not otherwise interpreted the Nondiscrimination Provision. (Pis.’ Reply Br. 6.) In light of the Court’s reading of Lighthouse Institute, the Court adopts the Third Circuit’s general requirement for comparators and declines to follow Chabad.

Defendants appropriately interpreted Lighthouse Institute as requiring comparators, yet they failed to recognize the implicit exception to the general rule where an ordinance, or the application of that ordinanc