New Jersey Shore Builders Ass'n v. Township of South Brunswick

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

This appeal by three associations of developers challenges an ordinance of the Township of South Brunswick (Township) which deals with maintenance of water detention basins. Essentially, the Township’s ordinance provides for the continued “repairs and major maintenance” of detention basins and provides for responsibility to be assumed by either the Township or the private owner.

In June 1996, approximately eight years after its adoption in 1988, the ordinance was challenged in an action in lieu of prerogative writs by plaintiffs, three…