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Agenda - 03-21-1990
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Agenda - 03-21-1990
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BOCC
Date
3/21/1990
Meeting Type
Regular Meeting
Document Type
Agenda
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152 LAND USE AND ENVIRONMENT [8] <br /> dling of and to encourage the institution of such cases by <br /> builder-developers."B Among these rules are: <br /> (1) A rule that all municipalities must affirmatively calculate <br /> their indigenous need for low- and moderate-income hous- <br /> - ing. <br /> (2) A rule that all municipalities within a designated growth <br /> area (the opinion contains a map of each county in the <br /> state with the growth areas designated) must calculate <br /> ,; their prospective needs in six-year increments and provide <br /> for such needs in their zoning. <br /> (3) A discussion of various inclusionary zoning techniques, <br /> their effectiveness, and a conclusion that only mandatory <br /> set-aside ordinances are effective according to their re- <br /> search. Implicit in this decision is a warning that any <br /> municipality without mandatory set-asides calculated to <br /> meet its low and moderate indigenous and prospective <br /> needs cannot pass judicial scrutiny. <br /> (4) A rule to the effect that any developer or landowner who <br /> .- initiates a successful Mt. Laurel suit and who is willing to <br /> provide 20 percent low- and moderate-income housing . <br /> shall be entitled (unless the town proves the development <br /> of his land would constitute an environmental hazard) to <br /> receive density bonuses and the elimination of cost- <br /> generating design standards, utility connection costs, in- <br /> spection fees, and off-site improvement requirements <br /> sufficient to make it worth his while. <br /> (5) The supreme court, to expedite such cases, has appointed <br /> , three special judges. They have eliminated all interlocut- <br /> ory appeals to prevent judicial delays before the town has <br /> been rezoned, the approvals granted, and the builder be- <br /> gins building. <br /> (6) The special judges are empowered to grant all approvals <br /> formerly administered by the towns and to order the is- <br /> suance of building permits. They can (and should in most <br /> cases) appoint masters, who are described as receivers <br /> who take over the towns' planning, zoning, and other ad- <br /> ministrative functions. These receivers are paid by the <br /> towns. with a <br /> statewide methodology for(7) The special judges aredtrdetermining region and fair <br /> share. The supreme court states explicitly that the special <br /> 1e Id. at 214-220 (summary of the court's findings). <br /> 4 <br />
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