One of the nation’s largest homebuilders will not be able to build an isolated housing development on 286 acres of farmland in Burlington County, according to a court ruling.
The decision released last month came after more than two years of legal battles between the housing developer D.R. Horton and Springfield Township — a small community in Burlington County that is 75% farmland or preserved open space.
D.R. Horton alleged the township has been in violation of state affordable housing rules for more than seven years because it hasn’t provided its fair share of low- and moderate-income housing.
The company also claimed Springfield officials did not give developers a fair chance to build in the community and provide homes for low- and moderate-income families, the lawsuit said.
But, Springfield Mayor Dave Frank said the town is dedicated to offering affordable housing in a way that aligns with the community’s farmland preservation goals.
“Springfield Township has always been committed to the production of affordable housing — in Springfield and throughout the state,” Frank said.
“We are trying to do it in a way that is appropriate to the size of our community, and the other planning concerns that are important in our community and state like sustaining agriculture as a viable industry, and preserving farmland and environmentally sensitive lands,” he said.
D.R. Horton did not immediately respond to a request for comment.
In 2022, D.R. Horton proposed to develop a community of nearly 1,400 homes, with a mix of apartments, townhouses and single-family homes, on a site known as the Van Wagoner farm. The land is located along Arney’s Mount Park and Birmingham Road in Springfield.
Prior to the trial, D.R. Horton cut down its plan to 389 homes, with about 15% saved for affordable housing, according to court documents.
In an opinion submitted March 7, a state Superior Court judge sided with Springfield, denying D.R. Horton’s request to build on the farmland.
According to the court, the lawsuit was struck down because the site was “unsuitable for affordable housing development.”
However, the judge also added that despite Springfield’s efforts to preserve farms and open space, the township is still required by law to contribute its fair share of affordable housing.
According to Fair Share Housing Center, Springfield should have added 227 affordable housing units since 2015. D.R. Horton argued that by not doing so, Springfield is violating the Mount Laurel Doctrine — a legal framework that came out of a series of landmark state civil rights cases.
The doctrine legally prevents New Jersey municipalities from using local land-use laws to discriminate based on income. It also requires all towns in to provide a fair share of affordable housing options.
Housing advocates say the doctrine is pushing the state to develop more affordable homes.
Springfield Township officials say the doctrine can “promote sprawl” if it is applied without sensitivity to other planning concerns, Frank said.
Township officials argued in court they are complying with fair share housing laws and should not be required to approve the building of more homes to meet the regional need for affordable housing, court documents say.
Springfield also argued the Van Wagoner farm site chosen by D.R. Horton for its proposed housing development is unsuitable for high-density residential development under local and state planning regulations for environmentally sensitive areas.
The Van Wagoner farm is part of what local officials called a “carefully planned farm belt” in Burlington County that has remained intact due to countywide efforts of acquiring farm easements. Those efforts helped preserve nearly 6,000 acres, they said.
The site is also a “priority farm” under Burlington County’s farmland and open space preservation plan because of its soil resources and location near other preserved land, Springfield officials said.
The type of large scale development D.R. Horton proposed would’ve transformed the area’s rural farm character into a suburban setting, the township’s attorney argued in court.
The township currently has a population of about 3,200 people and has not grown in the last two decades. The number of employed residents has also steadily declined, according to court documents.
If D.R. Horton developed its proposed housing complex, about 1,000 new residents — a quarter of the town’s population — would have been isolated to that area of town, officials said in court.
There are several reasons why the Van Wagoner farm site was not a good choice for development, Burlington County Superior Court Judge Jeanne Covert said in her written decision.
Residents of the proposed community would rely on local farm roads as their primary access and there are no public water, sewer or public transportation facilities nearby, officials said.
The property is also environmentally unsuitable for development, with steep slopes and wetlands and its proximity to a county park. And, the only nearby businesses are a drug store, a gas station and a Dollar Tree miles away in another township, according to the lawsuit.
The company’s decision not to include business development in their plans would leave the affordable housing residents without resources — opposite of what state affordable housing rules push for, the judge wrote.
“This project takes sound planning and turns it on its head, along with a demonstrated and overt lack of concern for the would-be residents of this community,” Covert wrote in her opinion.
“An approval of this plan would be the epitome of ‘unsound planning’ and contrary to the constitutional mandate of (the Mount Laurel Doctrine),” she said.
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Nyah Marshall may be reached at Nmarshall@njadvancemedia.com.
