A builder’s remedy lawsuit allows a developer to file suit to have a specific piece of property chosen by the builder rezoned to allow for the opportunity to construct housing at higher densities than a municipality would otherwise allow, provided that the developer provides a set aside of affordable units that are designated for low and moderate income. A developer is entitled to a builder’s remedy if 1) it succeeds in Mount Laurel litigation; 2) it proposes a project with a substantial amount of affordable housing, and 3) the site is suitable, i.e. the municipality fails to meet its burden of proving that the site is environmentally constrained or construction of the project would represent bad planning, Southern Burlington County NAACP v. Mt. Laurel Twp., 92 N.J. 158,279-80 (1983).
A successful developer in a builder’s remedy suit is entitled to a court ordered zoning designation, including all aspects of zoning such as density, setbacks, building heights, lot coverage, etc. to accommodate its proposed inclusionary project. Municipalities in builder’s remedy lawsuits may be held liable for the fees of a special master appointed by the court to assist in developing the zoning scheme on the affected property.