Will a court consider the economic impact to the community, including schools?

No. Courts will not consider the economic impact to a municipality, whether the impact is on schools or other infrastructure, services, traffic, etc. Although the Township of Millburn and the Millburn Board of Education have concerns with respect to the adverse impact development will have on our schools and traffic, the State of New Jersey and trial courts do not allow us to consider these factors when calculating our affordable housing obligation. Infrastructure such as water and sewer capacity can be considered by the court.

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1. Where can I learn more about Millburn’s current Affordable Housing situation?
2. What are the ways the Township can obtain compliance and repose from the courts for affordable housing?
3. What is the status of the 75 units of 100% affordable housing at the 11 Main Street development (a portion of the DPW facility)?
4. Does Millburn have an Affordable Housing Plan?
5. Is the Township required to provide an opportunity for Affordable Housing units?
6. How many units of affordable housing is the township obligated to provide and by when?
7. What is Affordable Housing?
8. What is the Fair Share Housing Center?
9. What is an overlay zone?
10. Why are the courts in control of determining Millburn’s affordable housing obligation?
11. Will a court consider the economic impact to the community, including schools?
12. What is a builder's remedy lawsuit?
13. How can builder’s remedy lawsuits be avoided or defended?
14. Are the developers obligated to keep the ‘affordable units’ permanent?