It is fundamental that all applicants seeking to obtain a use variance from a municipal zoning board of adjustment under the Municipal Land Use Law (“MLUL”) must prove that they satisfy both the so-called “positive” and “negative” criteria. One way to meet the positive criteria is to show “that the use promotes the general welfare
MLUL
Can Towns Make Real Estate Developers Set Aside Open Space in Their Projects?
By Christopher J. Caslin on
Posted in New Rules and Legislation
Real estate developers in New Jersey often face a myriad of state and local regulations under which their development activities must comply. The Appellate Division issued a ruling in two lawsuits brought by builders associations against two New Jersey municipalities which should give developers some welcome relief.
In May 2003, Jackson Township passed an ordinance requiring…