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31 Thomas Griepenburg v. Township of Ocean -- rank: 831

... 2003)); Riggs , supra , 109 N.J. at 611; see also N.J.S.A. 40:55D-2. To facilitate judicial review of challenges to municipal zoning ordinances ... of the purposes of the [MLUL] as set forth in N.J.S.A. 40:55D-2. Second, the ordinance must be substantially consistent with the land ... promote the public health, safety, morals, and general welfare,” N.J.S.A. 40:55D-2(a); “[t]o provide adequate light, air and open space,” N.J.S.A. 40:55D-2(c); and “[t]o ensure that the development of ... municipalities, the county and the State as a whole,” N.J.S.A. 40:55D-2(d). Consistent with its responsibilities in a bench trial, the ...

docket:	A-55-13
court:	NJ Supreme Court
decided:	2015-01-22
status:
citation:	220 N.J. 239 105 A.3d 1082
Document Size:	101570

32 LAKEVIEW MEMORIAL PARK ASSOCIATION, v. BURLINGTON COUNTY CONSTRUCTION BOARD OF APPEALS -- rank: 829

... as the 'Municipal Land Use Law' (hereinafter 'the MLUL'). See N.J.S.A. 40:55D-2. Contained therein are statutes specifically granting power to local planning ... appropriate use or development of all lands in this State.' N.J.S.A. 40:55D-2(a). The Legislature gave municipalities the power to enforce all ... health, safety, morals and general welfare' of the Township. See N.J.S.A. 40:55D-2. This is important given plaintiff’s concession that there has ...

docket:	L-003629-19
court:	NJ Superior Court Appellate Division
decided:	2020-06-25
status:
citation:
Document Size:	65314

33 HACKENSACK RIVERKEEPER v. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION -- rank: 826

... and degradation of the environment through improper use of land . . . [.] [ N.J.S.A. 40:55D-2(g) and (j) (emphasis added).] N.J.S.A. 40 ...

docket:	a1752-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-22
status:	published
citation:	443 N.J.Super. 293 128 A.3d 749
Document Size:	63519

34 DAVID O. WITHEROW v. BURLINGTON TOWNSHIP PLANNING BOARD -- rank: 818

... C" variance, pursuant to the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-2. Cofone found that "the potential of the general welfare is ... and purpose of the MLUL is, as set out in N.J.S.A. 40:55D-2, "is intended to encourage municipal action to guide the appropriate ...

docket:	a2488-08
court:	superior court appellate division
decided:	2010-07-29
status:	unpublished
citation:
Document Size:	80362

35 206 ACORN ASSOCIATES INC v. PLANNING BOARD OF THE TOWNSHIP OF BYRAM and FIRST HARTFORD REALTY CORPORATION - and BVJ&P, INC /Intervenor- -- rank: 818

... d)(1) for a drive-through window, finding it advanced N.J.S.A. 40:55D-2(a)'s purposes of zoning to "promote the public health ... and stated the variance advanced the purpose of zoning in N.J.S.A. 40:55D-2(g) (zoning seeks "[t]o provide sufficient space in appropriate ... most of the parking to be in the rear yard. N.J.S.A. 40:55D-2(c), (i). 2 To enable the expanded front yard parking ... through service itself, served the public health, safety, and welfare. N.J.S.A. 40:55D-2(a). The Board agreed to a narrower sidewalk enabling more ... by a pitched roof and still provided "desirable visual environment." N.J.S.A. 40:55D-2(i). The Board approved greater signage on the theory it would aid "the free flow of traffic." N.J.S.A. 40:55D-2(h). Finally, the Board concluded that the variances could ...

docket:	a0199-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	32106

36 DONALD FEWER v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF COLTS NECK -- rank: 815

... of the purposes of the MLUL as set forth in N.J.S.A. 40:55D-2; (2) it was substantially consistent with the land use and ...

docket:	a3056-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-06
status:	unpublished
citation:
Document Size:	62194

37 MATTHEW GLENN v. CITY OF CAPE MAY PLANNING BOARD -- rank: 810

... found the proposal met two of the purposes outlined in N.J.S.A. 40:55D-2. First, applying N.J.S.A. 40:55D-2(m), Orlando stated: We have an existing hotel, we have ... Orlando testified the plan would meet the environment requirements of N.J.S.A. 40:55D-2(g), by obviating the need for additional impervious blacktop coverage ... order to meet the needs of all New Jersey citizens," N.J.S.A. 40:55D-2(g), and encouraging "coordination of the various public and private ... the cost . . . and to the more efficient use of land." N.J.S.A. 40:55D-2(m). The "Interpretation and purpose" section of the Cape May ... variance would advance the purposes of zoning and the MLUL, N.J.S.A. 40:55D-2. We reject these arguments, finding the Board's decision ...

docket:	a5504-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-11
status:	unpublished
citation:
Document Size:	33988

38 FRANK PAGANO v. WOOLWICH TOWNSHIP JOINT LAND USE BOARD -- rank: 807

... ordinances enacted pursuant to these principles, which are enumerated in N.J.S.A. 40:55D-2, are entitled to a presumption of validity. Riggs v. Twp ...

docket:	a4432-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-07
status:	Published
citation:
Document Size:	37134

39 CONCERNED CITIZENS OF HOPEWELL AND EWING, INC v. THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 805

... Township Master Plan and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-2. After a public hearing, the Township Committee adopted the IMF ... 20 25 Municipal Land Use Law as set forth in N.J.S.A. 40:55D-2. . . . Second, the ordinance must be 'substantially consistent with the land ... 1264-20 26 at least one purpose of the MLUL, N.J.S.A. 40:55D-2. First, although the trial court did not provide the specific ... will promote the public health, safety, morals, and general welfare,' N.J.S.A. 40:55D-2(a). The provision of affordable housing unquestionably advances the general ... neighboring municipalities, the county and the State as a whole,' N.J.S.A. 40:55D-2(d). The court pointed to the IMF-C Zone's ... through creative development techniques and good civic design and arrangement,' N.J.S.A. 40:55D-2(i), by incorporating 'good design, walkability . . . and good visual ...

docket:	a1264-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-03
status:	Unpublished
citation:
Document Size:	60407

40 IRENE CONTI v. CHADD SMITH -- rank: 805

... order to meet the needs of all New Jersey citizens[.]' N.J.S.A. 40:55D-2. As to the negative criteria, the applicant must prove 'that ...

docket:	a1929-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-15
status:	Unpublished
citation:
Document Size:	39372

41 Readington Realty Holdings, LLC v. Township of Readington -- rank: 805

... promote the public health, safety, morals, and general welfare.” N.J.S.A. 40:55D-2(a). Like all ordinances, Readington’s sewer allocation ordinance is ... in a manner which will promote the . . . general welfare,” N.J.S.A. 40:55D-2(a), and the repurchase provision of the sewer allocation ordinance ...

docket:	a-63-13
court:	New Jersey Supreme Court
decided:	2015-05-05
status:
citation:
Document Size:	119152

42 NEW JERSEY TRANSIT CORPORATION v. MARY FRANCO -- rank: 802

... conflict with the development and general welfare of neighboring municipalities." N.J.S.A. 40:55D-2(a), (d). Although ordinances accepting or rejecting an offer to ...

docket:	a3802-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	published
citation:	447 N.J.Super. 361 148 A.3d 424
Document Size:	77241

43 State v. Shawn Bernard Mahone -- rank: 799

... inconsistent with the purposes of the MLUL, as enumerated in N.J.S.A. 40:55D-2. Those purposes include, among others, encouraging "municipal action to guide ... will promote the public health, safety, morals, and general welfare." N.J.S.A. 40:55D-2(a). See footnote 1 The board relies not only on ... grant preliminary approval.'" 261 N.J. Super. at 666 (quoting N.J.S.A. 40:55D-2, which sets forth the general purposes of the MLUL, "was ... State Recycling Plan goals and to complement municipal recycling programs. [ N.J.S.A. 40:55D-2.] - - This archive is a service of Rutgers School of Law ...

docket:	a-57-97
court:	njsupreme
decided:	1997-12-03
status:
citation:	137 N.J. 216
Document Size:	55149

44 RONALD C. MORGAN v. WEST CAPE MAY COMBINED ZONING AND PLANNING BOARD -- rank: 799

... order to meet the needs of all New Jersey citizens.' N.J.S.A. 40:55D-2. As to the negative criteria, the applicant must prove 'that ...

docket:	a4573-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-24
status:	Unpublished
citation:
Document Size:	29111

45 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 797

... reduce costs, and promote construction. Id. at 1; see also N.J.S.A. 40:55D-2 (outlining intent and purpose of MLUL). The MLUL also recognizes ...

docket:	a-112-93
court:	njsupreme
decided:	1994-08-04
status:
citation:	137 N.J. 136
Document Size:	67039