SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Toll Bros., Inc. and Laurel Creek, L.P. v. Board of Chosen Freeholders of the County of Burlington and the Planning Board of the County of Burlington (A-123-06)

Argued October 23, 2007 -- Decided March 31, 2008

LONG, J., writing for a unanimous Court.

In this dispute under the Municipal Land Use Law (MLUL) concerning the anticipated impact of a planned development on area roadways, the Court considers (1) whether, by way of a developer's agreement, a developer can contract to pay more than its pro-rata share for off-tract improvements; (2) whether conditions regarding off-tract improvements must be satisfied even when the scope of the developer's project materially changes; and (3) whether a developer's agreement immunizes such conditions from a changed circumstances analysis.

The principal property at issue in this case is a 540-acre site located in Burlington County, partly in Moorestown Township and partly in Mount Laurel Township. In the late 1980s, the owners of the property, Moorestown Foursome Partnership (Foursome), and an adjacent property owner, TRW Land, L.P. (TRW), sought zoning variances and waivers from the townships and County to develop their parcels, which were located in a rural area served by two-lane roads. TRW's parcel was to be a 500,000 square foot office park and was located in Mount Laurel Township. Foursome's parcel, located mainly in Moorestown Township, was to be a commercial, residential and retail development that would include an 18-hole golf course. The local governing bodies handled both developments as one overall planning concern. Based on traffic studies, the governing bodies determined that substantial roadwork would need to be performed, including relocating an intersection and road widening. In separate letters to the individual governing entities, Foresome and TRW agreed to construct the necessary road improvements. The Burlington County Planning Board conditionally approved the preliminary subdivision in February 1989. The overwhelming majority of the development would be on Foresome's property. Foursome constructed only the golf course and a country club before the real estate market plummeted in the early 1990s. TRW did not seek final approval for the corporate center. Neither developer performed the promised road work.