A builder’s remedy lawsuit is a process created under the Mt. Laurel Doctrine which allows a developer to file a lawsuit when it believes a community is practicing exclusionary zoning or has not provided its fair share of affordable housing.  The developer then proposes to construct housing at a higher density than is otherwise permitted on its property, which development must include a “substantial” affordable housing component.  If the court determines that the community’s zoning is exclusionary or that the town has failed to meet its obligations, the court can order the town to permit the developer’s “solution”.  The “builder’s remedy” granted by the court in response to the town’s failure to meet its constitutional obligations is to permit the developer to construct higher density housing on its property.  This court-imposed “remedy” could be completely inconsistent with the surrounding zoning and land uses.  This could result in a high-density apartment complex, of 20 to 30 units per acre, located in the middle of a low-density residential zone or wedged between two functioning office buildings.  Essentially, the municipality loses local control over its own zoning ordinances.  It is in the Borough’s best interests to avoid even the possibility of this scenario.