Search Rutgers Law Library N.J. Court Opinions

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 ... 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 ... although the submission need not be "deemed complete" pursuant to N.J.S.A. 40:55D-10.3, the plain language of relevant provisions of the MLUL ... 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 ... include language similar to a different provision of the MLUL, N.J.S.A. 40:55D-10.3, 1 to define when an application is "complete" for ... MLUL provision is unrelated to the time of application statute. N.J.S.A. 40:55D-10.3 was enacted to require a municipal agency "to ...

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 DunbarHomes, Inc. v. Zoning Board of Adjustment of Franklin Township -- rank: 923

... 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 ... 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 ... 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 ... to be in error and submission of additional information.” N.J.S.A. 40:55D-10.3. Further, in the event information required by ordinance is not pertinent, the applicant may request a waiver. N.J.S.A. 40:55D-10.3. The applicant’s submission will provisionally trigger the TOA ... list application requirements. The MLUL’s “completeness provision,” N.J.S.A. 40:55D-10.3, has no bearing on whether an application receives ...

docket:	a_89_16
court:	NJ Supreme Court
decided:	2018-06-20
status:
citation:
Document Size:	52693

3 Amerada Hess Corporation n/k/a Hess Corporation v. Burlington County Planning Board -- rank: 902

... “for purposes of commencing the applicable time period . . . .” N.J.S.A. 40:55D-10.3. Thus, between statutory time limits, rules governing when an ... municipal delay was based on the board’s belief that N.J.S.A. 40:55D-10.3 requires consent of a property owner where a contract ... deemed complete, it addressed the very situation at issue here. N.J.S.A. 40:55D-10.3. The statute specifically authorizes planning boards to request additional ... the accompanying documents so required by the municipal agency.” N.J.S.A. 40:55D-10.3. Because there is no basis to conclude that the ...

docket:	a-41-07
court:
decided:	2008-07-16
status:
citation:	195 N.J. 616
Document Size:	109343

4 /usr/local/share/www/libweb/collections/courts/supreme/a-83-84-85-18.opn.html -- rank: 885

... 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 ... 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 ... 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 ... 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 ... 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 ... 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	63444

5 Donald Nuckel v. Borough of Little Ferry -- rank: 883

... read the transcripts of the prior proceedings as required by N.J.S.A. 40:55D-10.2. The panel also determined that variances were not necessary ... read the transcripts of the prior proceedings as required by N.J.S.A. 40:55D-10.2. The panel also reversed the trial court’s determination ... In doing so, the new board members were constrained by N.J.S.A. 40:55D-10.2, which provides: A member of a municipal agency who ...

docket:	A-3-10
court:	NJ Supreme Court
decided:	2011-06-16
status:
citation:
Document Size:	87148

6 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 883

... as to the notice provided under the MLUL. Pursuant to N.J.S.A. 40:55D-10(a), a "municipal agency shall hold a hearing on each ...

docket:	a5124-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-18
status:	unpublished
citation:
Document Size:	89145

7 520 VICTOR STREET CONDOMINIUM ASSN. v. RAYMOND PLAZA -- rank: 880

... 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 ... 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 ... 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 ... 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 ... 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 ...

docket:	a5655-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-08
status:	unpublished
citation:
Document Size:	57337

8 CONCERNED CITIZENS OF TENAFLY, INC. v. BOROUGH OF TENAFLY PLANNING BOARD -- rank: 858

... to reasonable limitations as to time and number of witnesses.' N.J.S.A. 40:55D-10(d); accord Shakoor Supermarkets, Inc. v. Old Bridge Twp. Plan ...

docket:	a1989-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	94556

9 Amerada Hess Corporation n/k/a Hess Corporation v. Burlington County Planning Board -- rank: 842

... triggering points "for purposes of commencing the applicable time period . . . ." N.J.S.A. 40:55D-10.3. Thus, between statutory time limits, rules governing when an ... municipal delay was based on the board's belief that N.J.S.A. 40:55D-10.3 requires consent of a property owner where a contract ... further time as may be consented to by the applicant." N.J.S.A. 40:55D-10.3. The statute specifically authorizes planning boards to request additional ... in the accompanying documents so required by the municipal agency." N.J.S.A. 40:55D-10.3. Because there is no basis to conclude that the ...

docket:	a-41-07
court:
decided:	2008-07-16
status:
citation:
Document Size:	142867

10 MARK G. MONTENERO v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 839

... to the recording of that meeting, a pre-condition under N.J.S.A. 40:55D-10.2 to her voting. 5 All six 2 N.J ... J. Super. 242, 272 n.10 (App. Div. 2009). 5 N.J.S.A. 40:55D-10.2 provides: A-5767-17T4 3 members were present at ... measure if they listened to the missed meeting's recording, N.J.S.A. 40:55D-10.2, the legislative intent in enacting N.J.S.A ... of P.L. 1975, c. 291 (C. 40:55D-31). [N.J.S.A. 40:55D-10(a).] A-5767-17T4 6 The Legislature anticipated that members ... of other business that is recorded for later review. See N.J.S.A. 40:55D-10(f). There was, therefore, a quorum present throughout all proceedings ... findings of fact and conclusions based thereon' in compliance with N.J.S.A. 40:55D-10(g). From those findings, we deduce, as did the ...

docket:	a5767-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	36050

11 LACKLAND AND LACKLAND, et al. V. READINGTON TOWNSHIP, et al. -- rank: 807

... septic suitability approval as a checklist requirement, is authorized under N.J.S.A. 40:55D-10.3 and Judge Pursel's conclusion that the requirement violates ... septic suitability approval as a checklist requirement is authorized under N.J.S.A. 40:55D-10.3, and is valid, and that Judge Pursel erred in concluding that the requirement is invalid because it violates N.J.S.A. 40:55D-10.3 authorizes the use of a "checklist adopted by ordinance ... item would eviscerate that purpose. Judge Pursel correctly determined that N.J.S.A. 40:55D-10.3, authorizing checklists, and N.J.S.A. 40:55D ... processing of development applications." He found that defendants' interpretation of N.J.S.A. 40:55D-10.3, which would allow the municipal checklist to include complete ... developer is unable to obtain required approvals from outside agencies). N.J.S.A. 40:55D-10.3 precludes a municipal agency from declaring an application ...

docket:	A2341-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154781

12 LACKLAND AND LACKLAND, et al. v. READINGTON TOWNSHIP, et al. -- rank: 807

... septic suitability approval as a checklist requirement, is authorized under N.J.S.A. 40:55D-10.3 and Judge Pursel's conclusion that the requirement violates ... septic suitability approval as a checklist requirement is authorized under N.J.S.A. 40:55D-10.3, and is valid, and that Judge Pursel erred in concluding that the requirement is invalid because it violates N.J.S.A. 40:55D-10.3 authorizes the use of a "checklist adopted by ordinance ... item would eviscerate that purpose. Judge Pursel correctly determined that N.J.S.A. 40:55D-10.3, authorizing checklists, and N.J.S.A. 40:55D ... processing of development applications." He found that defendants' interpretation of N.J.S.A. 40:55D-10.3, which would allow the municipal checklist to include complete ... developer is unable to obtain required approvals from outside agencies). N.J.S.A. 40:55D-10.3 precludes a municipal agency from declaring an application ...

docket:	A2190-05
court:	NJ Superior Court Appellate Division
decided:	2008-02-26
status:	unpublished
citation:
Document Size:	154784

13 /usr/local/share/www/libweb/collections/courts/appellate/a0320-19.opn.html -- rank: 804

... body.' (Quoting N.J.S.A. 10:4-8). Citing N.J.S.A. 40:55D-10(g)(2), the judge concluded that '[a] memorializing resolution is ... this panel, and, both the Board and Markim have 3 N.J.S.A. 40:55D-10(g)(2) provides: 'The vote on any such [memorializing] resolution ... agenda because approving the resolution was not Board 'action' under N.J.S.A. 40:55D- - 10(g)(2), and presumably, not subject to the notice requirements ... the memorializing resolution. 5 In short, notwithstanding the language of N.J.S.A. 40:55D-10(g)(2), the Board's approval of a memorializing resolution ...

docket:
court:
decided:
status:
citation:
Document Size:	26500

14 HILLSBOROUGH TOWNE CENTER ASSOCIATES, LLC v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF HILLSBOROUGH -- rank: 796

... plaintiff's experts, and was sufficiently detailed, in compliance with N.J.S.A. 40:55D-10(g). HTCA's appeal followed. HTCA presents the following points ... IN HOLDING THAT THE MEMORIALIZING RESOLUTION MET THE REQUIREMENTS OF N.J.S.A. 40:55D-10(G). II. The principal issue on appeal is whether the ... the Board's resolution failed to meet the requirements of N.J.S.A. 40:55D-10(g), which commands a board to include "findings of fact ... extensive findings of fact and conclusions of law, consistent with N.J.S.A. 40:55D-10(g). D. As the issue may arise on remand, we ...

docket:	a1444-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-15
status:	unpublished
citation:
Document Size:	96027

15 BARRY R. LEWIS v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF ROCKAWAY, -- rank: 788

... notice of the Steinbrenner Resolution, intended to be compliant with N.J.S.A. 40:55D-10(i), was published; however, the block number was incorrectly listed ... 3) the resolution failed to comply with the requirements of N.J.S.A. 40:55D-10(G); 4) the Steinbrenners failed to present adequate evidence for ... the resolution is substantively deficient and fails to comply with N.J.S.A. 40:55D-10(G) by failing to set forth adequate factual findings and ... failed to present competent, credible evidence to support relief under N.J.S.A. 40:55D- 10(G), warranting a reversal without remand for further proceedings. Plaintiff ... P'ship v. Mauro, 216 N.J. 16, 30 (2013). N.J.S.A. 40:55D-10(g) 'requires a municipal agency to reduce each decision on ...

docket:	a1033-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-17
status:	Unpublished
citation:
Document Size:	31976