New Jersey State League of Municipalities v. Department of Community Affairs

The opinion of the Court was delivered by

STEIN, J.

This appeal presents a challenge to the validity of regulations promulgated by the Department of Community Affairs (DCA) pursuant to the Residential Site Improvement Standards Act, N.J.S.A. 40:55D—40.1 to —40.7. Those regulations establish a uniform set of site improvement standards for residential development. The primary issue before us is whether the standards impermissibly limit the zoning power of New Jersey’s municipalities. We also consider the ancillary issue of whether the DCA and the DCA Commissioner exceeded their delegated…