The New Jersey State League of Municipalities (“NJSLOM”) issued an e-bulletin yesterday supporting A-3443, sponsored by Assemblyman Herb Conaway, which would amend the Municipal Land Use Law (“MLUL”) to allow municipalities to require the set aside of land or a payment-in-lieu of improvements related to recreational or open space as a condition of a development approval.
Earlier this summer, the New Jersey Supreme Court in New Jersey Shore Builders v. Township of Jackson, held that set-asides of land or financial contributions toward recreational or open space were not authorized by the MLUL as part of the development approval process. The bill was introduced prior to the Supreme Court’s decision but would address the lack of authority for such set-asides or contributions.
The bill would amend the MLUL to allow a municipality to authorize by ordinance recreational or open space set-asides as part of the municipal approval process and specificially provides that:
The governing body, by ordinance, may adopt regulations requiring a developer, as a condition for approval of a subdivision or site plan, to set aside a minimum percentage of the total area of the subdivision or site plan for open space purposes, for recreational purposes, and for the development of recreational opportunities attributable to the construction or improvements within the subdivision or development. The ordinance shall allow a developer to negotiate a fee with the planning board, in lieu of setting aside land for open space and recreational purposes and developing recreational opportunities, representing the developer’s reasonable and necessary contribution to the provision of open space and recreational opportunities attributable to the construction or improvements within the subdivision or development.
The League is encouraging member municipalities to contact their local Assembly member in support of this bill:
The Court acknowledged that recreation and open space were important considerations in land use planning under the MLUL, but held that more specific authorization was required for municipalities to require set asides or contributions from developers for these purposes, and such authority did not exist in the statutes.
Thus, A-3443 addresses this omission in the MLUL, and expressly authorizes municipalities to condition development approvals based on a set aside for open space, recreational areas and facilities or payments in lieu. This legislation would assist local governments in open space preservation and sound planning.
We suggest contacting your Assembly representatives and ask that they support A-3343, and prioritize it when the Legislature returns after the election.
For a link to the NJSLOM alert, click here.
For a link to the NJSLOM’s summary of the Supreme Court’s opinion, click here.