Agenda - 03-21-1990 - Laserfiche WebLink

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_ Il [10) [11] LAND USE 155 I° yield less in taxes than they cost in services. Today. New Jer- sey's permitted residential densities on undeveloped land are range still among the lowest of any largely urbanized state. !' rsons The New Jersey system, it should be remembered, requires ; ` small that developers who bring exclusionary zoning suits receive Ii' deed court-ordered benefits sufficient to give them an incentive to , le in- commence such litigation. However;the system has not, to date, I. n the set standards for municipal set-aside ordinances adopted to il,' stand avoid such litigation. It seems clear, therefore. that successful li;I :Jive. litigants are entitled to benefits that exceed the cost of the 2-rule :, , obligation imposed upon them while noncombatant landowners. raged , , who do not engage in litigation. may have obligations imposed The upon them without density or other compensating benefits. ptive Mt. Laurel II will succeed in New Jersey. despite the in- ij rub- equities inherent in the mandatory set-aside mechanism adopted ,i!II .'ugh- by municipalities, because it will allow builders to at last begin to : arks. serve a huge market for medium-priced market housing. This i.II ► that market has been artificially pent up for many years. Further- tents more. any system where developers are protected from local cage. ,, . lawlessness is preferable to what existed before. The incentive - {I i s for for litigation, which will force compliance. is adequate. it finis- The Mt. Laurel ll decision may be criticized for its nontradi- stan- tional approach to the separation-of-powers doctrine, for being , the too activist, for establishing expedited procedures that offend ..I dent traditional notions of due process. for seizing legislative and state executive powers through a dubious interpretation of the state's non- constitution, and for its expression of economic and land use i; rela- truths from literature without the usual technical legal founda- itted tions. Nonetheless, it is, at bottom, an expression of judicial d to courage. The decision is a refusal. in spite of pretty clear defiance by local government, to accept the notion that New Jersey is ungovernable and that unpopular decisions directed :age. 1 against local government cannot be enforced. :and ;,wee If the court holds its ground against the legislative and execu- d by tive attacks that are sire to come. the decision may do for New ford- pointed pursuant to JR 3 of 1977. 'Ibis report cites I970-1975 HUD figures for s or the low ratio of muhile homes for total housing units. The U.S. Department of Housing and Urban Development's A 1IIuu-s- in} Surrey (1976)shows that New Jersey ranked forty-eighth.after Massachu- setts and Hawaii. in terms of ratio of mobile homes to total housing units:and ?hey the 19143 figures. supplied by the Manufactured Housing Association in Wash- ington. D.C.. indicated that New Jersey ranked forty-fourth out of forty-eight the states.although'it ranked ninth among the states in terms of population.in total : shipments of mobile homes and manufactured housing units.indicating that the ame sit tuition is nut improving. ap . • t 1*.. . '4illIllIllIllIllIllIllIllIllIllnIIIIIIIIIIn'. _ _ _ . ,