Governor Christie Enacts Cluster Development Legislation: Law amends MLUL to clarify authorization for cluster developments

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Governor Christie yesterday signed into law legislation that amends the Municipal Land Use Law (MLUL) to expand authorization for the use of cluster developments. The legislation, S2608 (Senators Van Drew and Oroho)/A3761 (Assemblymen Green and Clifton), provides municipalities and landowners additional options for subdividing and developing land through clustering and authorizes municipalities to use lot-size averaging.

Clustering allows municipalities to concentrate development of one or more areas while restricting development in the remaining areas. Existing law authorized the use of both contiguous and non-contiguous clustering. In both types of clustering, the overall development potential from the parcel or parcels is concentrated on a portion of the property, and the remaining land is permanently protected.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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