Court Reiterates Effect of Developer's Agreements
By: Henry T. Chou, Esq.
Applying the principles recently ennunciated by the New Jersey Supreme Court in Toll Brothers, Inc. v. Board of Chosen Freeholders of Burlington County, the Appellate Division has determined that the terms of a developer's agreement did not bar a developer from requesting an extension of time to finish the construction of improvements associated with a development project in South Brunswick.
In South Brunswick Center, L.L.C. v. Township of South Brunswick, the developer applied to the Township and the Planning Board for an extension of the deadlines to finish the construction of a roadway and bridge. The Township and Planning Board denied the developer's request on the basis that the developer's agreement was a binding contract, and the Law Division upheld the denial. Relying on the Supreme Court's decision in Toll Brothers, the Appellate Division reversed the Law Division, determining that the developer's agreement was merely an instrument of the approval granted under the Municipal Land Use Law (MLUL) and that the developer was thus entitled to a hearing before the Planning Board where it could present evidence and testimony supporting its position that an extension was appropriate and beneficial.