Agenda - Planning Commission - 09/04/2008

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Zoning Bulletin S 40:55D-38), it further found that the MLUL plainly required the mt.ill.ici- pality to compensate the developer for the land (see N.].S.A. S 40:55D-44). The court also rejected the Townships' arguments that multiple refer- ences to recreation and open space in the generalplirposes sections of the MLUL (see N.j.S.A. S 40:55D-2(c); see also N.j.S.A. S 40:55D-65a) im- pliedly authorized a municipality to require a developer to provide recre~ ation and common open space for aU sizeable developments. The court acknowledged that the general purposes of the MLUL made recreation and open space important considerations in land use planning. However, it concluded that the "unspecified language" of the general purposes sec- tion of the MLUL could not "override the specific and targeted provi- sions of the statute," which limited the set-aside for open space and rec- reation to planned developments~ The court also concluded that the provisions of the Townships' ordi- nances requiring off-site contributions in lieu of on-site set-asides were un- enforceable. The court agreed with the builders that the only provision in the MLUL that addressed such contributions (see N.].S.A. ~ 40:55D-42) applied only to those off-tract improvements specifically enumerated in the MLUL, naillely for "water, sewer, drainage, and street improvements." See also: West Park Ave., Inc. v. Ocean Tp., 48 N.J. 122, 224 A.2d 1 (1966). See also: Toll Bras" Inc. v. Board of Chosen Freeholders of County of Burlington, 194 N.]. 223, 944 A.2d 1 (2008). Case Note: Egg Harbor Township fell within the Pinelands Region- al Growth Areas, which were governed by the Pinelands Protection Act (N.].S.A. S~ 13:18A-l to -58). Because of this, the ordinances were reviewed by the Pinelands Commission. Egg Harbor Township . . argued that because the challenged ordinances were approved by the Pinelands Commission, they should be considered valid. The court rejected this argument. It held that while exactions for open space and recreational areas may be permitted within the pinelands area (see, e.g., N.].A.C. ~S 7:50-6.141 to -6.144), the Pinelands Protec- tion Act did not extend to areas outside the pinelands, even if those areas were located within a pinehmds municipality. 4 @ 2008 Thomson Reuters/Westp 86 --") )