06-23-08 A-5805-06T3 & A-1563-07T2
This opinion addresses the authority of a municipality to require developers to set aside land for common open space or recreation, or make payments in lieu of those set-asides, as a condition of a development application. The Jackson Township trial court determined that the municipality's authority to make these exactions was limited to planned developments as defined in the Municipal Land Use Law. The Egg Harbor Township trial court concluded that the exactions were justified in other than
planned developments. We concluded that the Municipal Land Use Law does not empower municipal governments to require developers to set aside land for common open space or recreational areas, except with regard to applications for planned developments as
defined in the Municipal Land Use Law. Consequently, we affirmed the order of the trial court in the Jackson Township case, and reversed the order of the trial court in the Egg Harbor Township case.
