TITLE

Validity of Large-Lot Zoning Turns on Degree of Urbanization

AUTHOR(S)
Lawyor, James
PUB. DATE
January 2006
SOURCE
Planning;Jan2006, Vol. 72 Issue 1, p41
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article reports that as a population growth control measure, the New Jersey Superior Court Appellate Division endorsed the use of Iarge-lot zoning. East Brunswick Township, which attracts a crowd of 46.756 people everyday is rapidly developing bedroom community between Newark and Trenton. New Jersey's Municipal Land Use Law mandates that zoning ordinances take into account the character of each district and its suitability for particular uses. In the Bailes versus Township of Brunswick case, the township failed to present substantial evidence that the 2001 rezoning was necessary to serve its stated purposes of recognition of environmental constraints and retention of farmland. The court stated that the downzoning did nor consider the character of the surrounding areas. It was also noted by the court that there was no sufficient justification for the economic hardship the rezoning imposed on landowners. In a similar case, New Jersey Farm Bureau, Inc. versus Township of East Amwell, where the Appellate Division upheld similar land-use regulations in a decidedly more rural setting, the appellate court ruled that the township had already fulfilled its state-mandated requirements to provide low-and moderate-income housing.
ACCESSION #
19691213

 

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