Off Tract Contributions: Be Careful!

On October 8, 2013, the Appellate Division released an unpublished opinion in 520 Victor Street Condominium Association v. Raymond Plaza and The Township of Saddle Brook Zoning Board.  Docket No. A5655-10T3.  In Victor Street, the Appellate Division invalidated all approvals granted to Raymond Plaza for the construction of multi-story residential buildings, on the basis that the applicant agreed to a $400,000.00 contribution for off tract improvements related to sewer and storm water  improvements in violation of N.J.S.A. 40:55D-42. 

This opinion follows the long standing principles first annunciated in Nunziato v. Planning Board of Edgewater, 225 N.J. Super. 124 (App. Div. 1988), that deviation from the strict application of N.J.S.A. 40:55D-42 would lead to "the intolerable spectacle of a Planning Board haggling with an applicant over money to strongly suggesting that variances are up for sale." Id, at 134.  Victor Streetis a reminder that "courts must be