Green Jersey

Sierra Club intervenes in open space case

by Jennifer Weiss

The New Jersey Sierra Club today said that it has filed an amicus application in the case of the Jackson Township open space ordinance, which is before the state Supreme Court. Joining the club in intervening was the Association of New Jersey Environmental Commissions.

The groups are backing the township, which introduced an ordinance years ago requiring builders to set aside land in their projects as open, community space, or pay a fee. The ordinance was invalidated after a challenge from the New Jersey Shore Builders Association, and the township appealed.

The appellate court ruled that under the Municipal Land Use Law, towns can require developers to contribute toward sewage, drainage and street improvements — but not open space or recreational areas, though it’s a longstanding practice.

Jackson’s ordinance, passed in 2003, required builders to set aside up to 40 percent of a proposed development as open space. It was amended in 2006, to require residential developers to provide 12.5 acres of space per 1,000 people. In some cases, developers could make a payment instead.

The appellate court’s decision came in response to the the case in Jackson and another in Egg Harbor Township.

“We believe that the appellate division created an open season on open space by denying the rights of towns to plan for recreation and conservation areas,” Jeff Tittel, the Sierra Club’s director, said in a press statement today. “It overturns not only the Jackson ordinance but dozens of other ordinances around the state that are intended to have good planning and design.”

The Builders Association has likened such ordinances to municipal extortion. Paul Schneider, the attorney representing the builders, said in a June 24, 2008 Star-Ledger article that the ruling would help provide reasonably priced housing.

Arguments in the case are scheduled to be heard March 9.

More: Paying for open space (New Jersey Law Journal)