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61 THE GALAXY TOWERS CONDOMINIUM ASSOCIATION INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD -- rank: 624

... of the rules of evidence in zoning board hearings. See N.J.S.A. 40:55D-10(e) (declaring that "[t]echnical rules of evidence shall not ...

docket:	a3583-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-08
status:	unpublished
citation:
Document Size:	60228

62 FULTON'S LANDING, INC. v. THE PLANNING BOARD BOROUGH OF SAYREVILLE, in the County of Middlesex, et al. -- rank: 624

... S.A. 40:55D-1 to -163, which provides in N.J.S.A. 40:55D-10.3: An application for development shall be complete for purposes ... App. Div. 2002) that the intent of the requirement of N.J.S.A. 40:55D-10.3 that the content of a development application be governed ... language of the ordinance and consistent with the purpose of N.J.S.A. 40:55D-10.3 of providing certainty as to the requirements for a ... development application - a circumstance manifestly contrary to the purpose of N.J.S.A. 40:55D-10.3. We reject an interpretation that achieves this result. Hubbard ...

docket:	A1990-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-12
status:	unpublished
citation:
Document Size:	43228

63 DEBRA SUZETTE GRIMM v. WALL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 608

... agency must hold a hearing on each application for development. N.J.S.A. 40:55D-10(a). As Judge McCarthy aptly observed, notice of the hearing ...

docket:	a3944-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	60973

64 RUPE, LLC v. PLANNING BOARD OF THE TOWNSHIP OF HAMILTON -- rank: 608

... rules of evidence do not apply to planning board hearings. N.J.S.A. 40:55D-10(e) ("Technical rules of evidence shall not be applicable to ... 370 N.J. Super. 429, 450, 463 (App. Div.) (citing N.J.S.A. 40:55D-10(e) in rejecting challenge to planning board's reliance on ... hearings in which "technical rules of evidence" do not apply. N.J.S.A. 40:55D-10(e). We recognize that, in practice, land use board members ... adopted as L. 2010, c. 9, § 1 (codified at N.J.S.A. 40:55D-10.5), to provide that development applications are generally governed by ... development, shall not be applicable to that application for development. [ N.J.S.A. 40:55D-10.5.] The legislation was intended to shield developers from the ...

docket:	a4794-13
court:	NJ Superior Court Appellate Division
decided:	2015-11-23
status:	unpublished
citation:
Document Size:	65112

65 OCEAN MENTAL HEALTH SERVICES, INC v. 170 ROUTE 9, LLC -- rank: 600

... which 'were not even before the . . . [b]oard for discussion .' N.J.S.A. 40:55D-10(g) requires a municipal agency to reduce each decision on ... that the Board's resolution complied with the requirements of N.J.S.A. 40:55D-10(g) and informs us of the basis for the Board ...

docket:	a1135-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-10
status:	Unpublished
citation:
Document Size:	34828

66 AMERICAN DREAM AT MARLBORO, L.L.C v. THE PLANNING BOARD OF THE TOWNSHIP OF MARLBORO -- rank: 600

... and contended that its application had been approved by default. N.J.S.A. 40:55D-10.4. The Board rejected this position by letter from its ...

docket:	a0738-09
court:	superior court appellate division
decided:	2011-01-20
status:	unpublished
citation:
Document Size:	27798

67 Hopewell Valley Citizens' Group, Inc. v. Berwind Property Group Development Co. -- rank: 597

... decision, whether arranged by the municipality or the applicant.” N.J.S.A. 40:55D-10(i). Appeals from local land use decisions are accomplished by ... the decision, whether arranged by the municipality or the applicant. [ N.J.S.A. 40:55D-10(i).] Appeals from local land use decisions are accomplished by ... explicitly has set forth the trigger for such a filing, N.J.S.A. 40:55D-10(i) (“The period of time in which an appeal ...

docket:	a-83-09
court:	New Jersey Supreme Court
decided:	2011-01-12
status:
citation:	204 N.J. 569 10 A.3d 211
Document Size:	83001

68 TOLL BROS., INC., et al. v. THE PLANNING BOARD OF THE TOWNSHIP OF POHATCONG, -- rank: 597

... by the courts based upon that record. Footnote: 4 ���� 4 N.J.S.A. 40:55D-10.3 provides: ��������An application for development shall be complete for ...

docket:	A3751-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-17
status:	published
citation:	359 N.J. Super. 448 820 A.2d 122
Document Size:	33338

69 MICHELE GONZALEZ v. ANTHONY ODUNLAMI PLANNING BOARD OF THE TOWNSHIP OF HOLMDEL -- rank: 592

... to be held and where municipal business was conducted. See N.J.S.A. 40:55D-10(b) (allowing municipal bodies to enact rules that govern their ...

docket:	a3212-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	20903

70 JAI SAI RAM LLC v. THE PLANNING/ZONING BOARD OF THE BOROUGH OF SOUTH TOMS RIVER and WAWA, INC -- rank: 592

... is whether the time of application rule, set forth in N.J.S.A. 40:55D-10.5, applies where, after a use variance application is filed ... development, shall not be applicable to that application for development. [ N.J.S.A. 40:55D-10.5.] Prior to its adoption, our courts applied the "time ... J. Super. at 83 (citation omitted).] The clear purpose of N.J.S.A. 40:55D-10.5, adopted as L. 2010, c. 9, § 1, was ... whether the Pinelands Preservation Act may affect the implementation of N.J.S.A. 40:55D-10.5 where a Pinelands municipality's zoning scheme is uncertified ...

docket:	a2075-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-27
status:	published
citation:	446 N.J.Super. 338 141 A.3d 407
Document Size:	31667

71 FOUR M. PROPERTIES LLC. v. NEWARK CENTRAL PLANNING BOARD ARIS FASHIONS, INC. -- rank: 592

... the Board’s resolution did not meet the requirements of N.J.S.A. 40:55D-10(g) and, therefore, is invalid on its face; and (3 ... suggest. The memorializing resolution, therefore, comports with the requirement of N.J.S.A. 40:55D-10(g). 4 Finally, we address plaintiffs’ contention that the lift ... 70(c)(2). 3 160 N.J. 41 (1999). 4 N.J.S.A. 40:55D-10(g) provides: “The municipal agency shall include findings of ...

docket:	a2964-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-27
status:	unpublished
citation:
Document Size:	50047

72 JEFFREY R. JERMAN v. THE TOWNSHIP OF MANCHESTER -- rank: 592

... applications without amending the checklist section of the ordinance violated N.J.S.A. 40:55D-10.3. He also asserted that the ordinance's increased escrow ... restrictions for conforming and non-conforming lots. He asserts that N.J.S.A. 40:55D-10.3 requires ordinances to adopt a checklist setting forth requirements ...

docket:	a1040-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-09
status:	unpublished
citation:
Document Size:	26107

73 RARITAN PARTNERS, LLC v. RARITAN TOWNSHIP BOARD OF ADJUSTMENT -- rank: 592

... second alteration in original). The issue on appeal was whether N.J.S.A. 40:55D-10.5, which obviated 'the time of decision rule' that had ...

docket:	a1563-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Unpublished
citation:
Document Size:	91770

74 BERLIN CROSS-KEYS RESIDENTS AGAINST WALMART, INC v. BOROUGH OF BERLIN LAND USE BOARD -- rank: 589

... which approval is sought are available pursuant to subsection 6b [ N.J.S.A. 40:55D-10]. [ N.J.S.A. 40:55D-11.] The purpose for ...

docket:	a3713-07
court:	njappellate
decided:	2009-02-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60208

75 MICHAEL RANTZ v. PLANNING BOARD OF BAY HEAD -- rank: 586

... to N.J.S.A. 40:55D-25(c). However, N.J.S.A. 40:55D-10.1 permits only a planning board, not a board of ...

docket:	a5765-17
court:	NJ Superior Court Appellate Division
decided:	2019-08-20
status:	Unpublished
citation:
Document Size:	20548