On June 25, the New Jersey Supreme Court settled an issue of interest to municipal, land use and environmental attorneys. In New Jersey Shore Builders Association v. Township of Jackson , 199 N.J. 449 (2009), the Court ruled that municipalities could not generally require developers to provide open space or recreation area set-asides, or payments in lieu thereof, as conditions of local land use approval.
The trial court had invalidated a Jackson Township ordinance that required the provision of open space, or a payment in lieu, in all sizable residential developments. But another vicinage upheld a similar requirement imposed by Egg Harbor Township. Finding that municipalities lacked the authority to impose these exactions, the Appellate Division affirmed the Jackson ruling and reversed the Egg Harbor ruling.
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