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 Results for ("N.J.S.A. 40:55D-10.5")   1 to 15 of 27 results. Run time: 0.741 seconds | Search time: 0.734 seconds    
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1 DUNBAR HOMES, INC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN -- rank: 1000
... J.A.D. The "time of application rule" embodied in N.J.S.A. 40:55D-10.5 provides that regulations in effect "on the date of submission ... 378-79 (1995). The stated purpose for the enactment of N.J.S.A. 40:55D-10.5 was to protect landowners and developers from the inequity that ... with a review of the applicable statutory and ordinance provisions. N.J.S.A. 40:55D-10.5 establishes the time of application rule: Notwithstanding any provision of ... at 335-36 (citation omitted). IV. The protection afforded by N.J.S.A. 40:55D-10.5 is triggered by the "submission of an application for development ... a submission for an "application for development" as used in N.J.S.A. 40:55D-10.5 need not be a "complete" application. On its face, the ... the time of application statute to apply. As originally proposed, N.J.S.A. 40:55D-10.5 stated: Notwithstanding any provision of law to the contrary, ...
docket: a3637-14
court: NJ Superior Court Appellate Division
decided: 2017-02-14
status: published
citation: 448 N.J.Super. 583 154 A.3d 710
Document Size: 71910
2 /usr/local/share/www/libweb/collections/courts/supreme/a-83-84-85-18.opn.html -- rank: 936
... 4. Unlike N.J.S.A. 40:55D-52(a), N.J.S.A. 40:55D-10.5 explicitly allows for the retroactive application of ordinances relating to ... and safety exceptions of two other sections of the MLUL -- N.J.S.A. 40:55D-10.5 and -49 -- because those sections apply to application review and ... we read the public health and 13 safety exceptions from N.J.S.A. 40:55D-10.5 (Section 10.5) and Section 49 into Section 52(a ... to health and public safety to applications for development. See N.J.S.A. 40:55D-10.5 (“Any provisions of an ordinance, except those relating to ... and “preliminary approval[s],” not final approvals. See N.J.S.A. 40:55D-10.5, -49. We find it significant that the Legislature included exceptions ... affecting public health and safety may govern applications for development, N.J.S.A. 40:55D-10.5, but municipalities may only “modify[] by ordinance such ...
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court: NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size: 63444
3 520 VICTOR STREET CONDOMINIUM ASSN. v. RAYMOND PLAZA -- rank: 924
... of-decision rule inapplicable to zoning ordinance changes by enacting N.J.S.A. 40:55D-10.5, which provides: Notwithstanding any provision of law to the contrary ... shall not be applicable to that application for development. Because N.J.S.A. 40:55D-10.5 became effective on May 5, 2011, we must consider its ... 563 , 577 n.5 (App. Div. 2010) (declining to apply N.J.S.A. 40:55D-10.5 because it was not yet effective). The time-of-decision ... J. 435 , 440 (1980)). 7 The Legislature plainly intended that N.J.S.A. 40:55D-10.5 would prevent a zoning ordinance passed after an application was ... inapplicable to the application on remand under the now-effective N.J.S.A. 40:55D-10.5. Even if N.J.S.A. 40:55D-10.5 had not been enacted, we doubt that the new ...
docket: a5655-10
court: NJ Superior Court Appellate Division
decided: 2013-10-08
status: unpublished
citation:
Document Size: 57337
4 DunbarHomes, Inc. v. Zoning Board of Adjustment of Franklin Township -- rank: 900
... Decided June 20, 2018 SOLOMON, J., writing for the Court. N.J.S.A. 40:55D-10.5, a section of the Municipal Land Use Law (MLUL), N ... that application,” ibid., the Legislature adopted the TOA Rule, N.J.S.A. 40:55D-10.5. The terms used in the TOA Rule are to be ... 40:55D-3 and, by extension, the TOA Rule of N.J.S.A. 40:55D-10.5. Thus, to benefit from the protections of the TOA Rule ... the brief). JUSTICE SOLOMON delivered the opinion of the Court. N.J.S.A. 40:55D-10.5, a section of the Municipal Land Use Law, provides that ... an application for development” for purposes of the TOA Rule, N.J.S.A. 40:55D-10.5. In answering that question, we strive to effectuate the Legislature ... development, shall not be applicable to that application for development. [ N.J.S.A. 40:55D-10.5 (emphases added).] The terms used in the TOA Rule ...
docket: a_89_16
court: NJ Supreme Court
decided: 2018-06-20
status:
citation:
Document Size: 52693
5 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 882
... that triggers the protection of the 'time of application' statute, N.J.S.A. 40:55D-10.5, a matter of first impression. We reject arguments from the ...
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court: NJ Superior Court Law/Chancery Division
decided:
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Document Size: 151111
6 MOUNT HOLINESS TEMPLE OF PENTECOSTAL FAITH INC v. HACKENSACK BOARD OF ADJUSTMENT -- rank: 851
... that was in effect when MHT filed its application. See N.J.S.A. 40:55D-10.5 (development regulations in effect when an application is submitted shall ...
docket: a2629-12
court: NJ Superior Court Appellate Division
decided: 2014-05-05
status: unpublished
citation:
Document Size: 49802
7 RUPE, LLC v. PLANNING BOARD OF THE TOWNSHIP OF HAMILTON -- rank: 773
... 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 regulations ... 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 sometimes ...
docket: a4794-13
court: NJ Superior Court Appellate Division
decided: 2015-11-23
status: unpublished
citation:
Document Size: 65112
8 VILLAGE SUPERMARKETS INC v. TOWNSHIP OF EGG HARBOR -- rank: 758
... Mart), cross-appeals on the issue of the applicability of N.J.S.A. 40:55D 10.5 1 to its application. I The judgment addressed three matters ... ordinances, and concluding, contrary to Wal-Mart's contention, that N.J.S.A. 40:55D 10.5 prohibited retroactive application of Ordinances 21 2011 and 22-2011 ... Wal-Mart's pending application, as they did not trigger N.J.S.A. 40:55D-10.5. The judge also upheld the Planning Board's grant of ... POINT VIII – THE TRIAL COURT ERRED IN DETERMINING THAT N.J.S.A. 40:55D-10.5 RENDERS BOTH ORDINANCE 21-2 011 AND ORDINANCE 22 -2011 ... we will not reach Wal Mart's cross-appeal regarding N.J.S.A. 40:55D-10.5. We consider the challenge moot. Transamerica Ins. Co. v. Nat ...
docket: a5370-12
court: NJ Superior Court Appellate Division
decided: 2015-04-08
status: unpublished
citation:
Document Size: 52177
9 /usr/local/share/www/libweb/collections/courts/appellate/a4036-18.opn.html -- rank: 737
... 19-3.5 (2020) (noting the time of application rule, N.J.S.A. 40:55D-10.5 applies only to municipal ordinances). Even were we to do ...
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Document Size: 33884
10 JAI SAI RAM LLC v. THE PLANNING/ZONING BOARD OF THE BOROUGH OF SOUTH TOMS RIVER and WAWA, INC -- rank: 737
... 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, seeking ... 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 of ... 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 to ... 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 at ...
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
11 RARITAN PARTNERS, LLC v. RARITAN TOWNSHIP BOARD OF ADJUSTMENT -- rank: 725
... 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 allowed ...
docket: a1563-20
court: NJ Superior Court Appellate Division
decided: 2022-02-07
status: Unpublished
citation:
Document Size: 91770
12 BERKELEY FAMILY APARTMENTS, LLC v. THE TOWNSHIP OF BERKELEY -- rank: 694
... to approve the resolution of need. Finally, plaintiff argues that N.J.S.A. 40:55D-10.5 protects developers receiving preliminary site approval from subsequent adverse zoning ... resolution of need for the project. This argument lacks merit. N.J.S.A. 40:55D-10.5 provides: Notwithstanding any provision of law to the contrary, those ...
docket: a3042-14
court: NJ Superior Court Appellate Division
decided: 2015-12-07
status: unpublished
citation:
Document Size: 60834
13 THOMAS McFADDEN v. DELANCO TOWNSHIP JOINT LAND USE BOARD -- rank: 655
... time-of-application" approach for the "time-of-decision" rule, N.J.S.A. 40:55D-10.5, did not come into effect until May 5, 2011, which ...
docket: a5075-10
court: NJ Superior Court Appellate Division
decided: 2012-07-03
status: unpublished
citation:
Document Size: 48495
14 PEG LEG WEBB, LLC v. NEW JERSEY PINELANDS COMMISSION -- rank: 616
... s approval. In support of its premise, petitioner relies upon N.J.S.A. 40:55D-10.5 of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163. N.J.S.A. 40:55D-10.5 provides: Notwithstanding any provision of law to the contrary, those ...
docket: a4016-15
court: NJ Superior Court Appellate Division
decided: 2017-10-11
status: unpublished
citation:
Document Size: 25770
15 VILLAGE SUPER MARKET INC v. BOROUGH OF GARWOOD PLANNING BOARD -- rank: 610
... issue on appeal involves application of a newly-enacted statute, N.J.S.A. 40:55D-10.5, that supersedes the "time-of-decision rule" in zoning and ... the Legislature abrogated the time of decision rule by enacting N.J.S.A. 40:55D-10.5. The statute provides that the "development regulations" that were in ... development, shall not be applicable to that application for development. [ N.J.S.A. 40:55D-10.5.] This statute took effect on May 5, 2011, as part ...
docket: a1262-11
court: NJ Superior Court Appellate Division
decided: 2012-08-20
status: unpublished
citation:
Document Size: 30106
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