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 Results for ("N.J.S.A. 40:55d-42")   1 to 15 of 41 results. Run time: 0.830 seconds | Search time: 0.823 seconds    
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1 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 SB BUILDING ASSOCIATES L.P. -- rank: 1000
... Board failed to make "the essential factual findings required by N.J.S.A. 40:55D-42; it "unlawfully left [the issue] to be resolved privately by ... condition to subdivision or site plan approval are governed by N.J.S.A. 40:55D-42. 10 As provided in N.J.S.A. 40:55D ... necessitated by a . . . land development, subject to the provisions of [ N.J.S.A. 40:55D-42.]" "[A] land use board's imposition of a financial contribution ... Builders Ass'n , supra , 199 N.J. at 453 (citing N.J.S.A. 40:55D-42); see also Nunziato , supra , 225 N.J. Super. at 131 ... sewerage and drainage facilities , and easements therefor, located off-tract[.]" N.J.S.A. 40:55D-42 (emphasis added). The improvements must be "necessitated or required by ... 43 (App. Div.), certif. denied , 141 N.J. 98 (1995). N.J.S.A. 40:55D-42 prohibits a municipality from "demand[ing] contributions for off- ...
docket: a0200-14
court: NJ Superior Court Appellate Division
decided: 2017-01-06
status: unpublished
citation:
Document Size: 69140
2 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 937
... states that "[s]eparate and apart from the provisions of N.J.S.A. 40:55D-42[ 2 ], as a condition of subdivision or site plan approval ... MLUL that addresses off-site, or off-tract, contributions is N.J.S.A. 40:55D-42. That statute, titled "Contribution for off-tract water, sewer, drainage ... which standards shall not be altered subsequent to preliminary approval. . . . [ N.J.S.A. 40:55D-42.] Shore Builders and the Builders League do not dispute that ... Toll Bros. , supra , the Court directly addressed the scope of N.J.S.A. 40:55D-42, stating that this statute "provides the boundaries of a public ... plan exceeded its authority under the MLUL. The Court construed N.J.S.A. 40:55D-42 to limit a local government's authority to require exactions ... provide or contribute to off-site improvements is limited by N.J.S.A. 40:55D-42, which permits such contributions only with respect to street ...
docket: A5805-06
court: New Jersey Superior Court Appellate Division
decided: 2008-06-23
status: Published
citation: 401 N.J. Super. 152 949 A.2d 312
Document Size: 57363
3 NEW JERSEY SHORE BUILDERS ASSOCIATION v. TOWNSHIP OF JACKSON -- rank: 934
... states that "[s]eparate and apart from the provisions of N.J.S.A. 40:55D-42[ 2 ], as a condition of subdivision or site plan approval ... MLUL that addresses off-site, or off-tract, contributions is N.J.S.A. 40:55D-42. That statute, titled "Contribution for off-tract water, sewer, drainage ... which standards shall not be altered subsequent to preliminary approval. . . . [ N.J.S.A. 40:55D-42.] Shore Builders and the Builders League do not dispute that ... Toll Bros. , supra , the Court directly addressed the scope of N.J.S.A. 40:55D-42, stating that this statute "provides the boundaries of a public ... plan exceeded its authority under the MLUL. The Court construed N.J.S.A. 40:55D-42 to limit a local government's authority to require exactions ... provide or contribute to off-site improvements is limited by N.J.S.A. 40:55D-42, which permits such contributions only with respect to street ...
docket: A1563-07
court: New Jersey Superior Court Appellate Division
decided: 2008-06-23
status: published
citation: 401 N.J.Super. 152 949 A.2d 312
Document Size: 59042
4 520 VICTOR STREET CONDOMINIUM ASSN. v. RAYMOND PLAZA -- rank: 888
... Plaza. We conclude that the Board did not comply with N.J.S.A. 40:55D-42 or the pertinent Township ordinance when it required the $400 ... necessitated by a . . . land development, subject to the provisions of [ N.J.S.A. 40:55D-42]." N.J.S.A. 40:55D-42 states in pertinent part: The governing body may by ordinance ... in strict conformity with the delegating enactment—the MLUL," including N.J.S.A. 40:55D-42. Toll Bros., Inc. v. Bd. of Chosen Freeholders of Burlington ... 1968). Here, the Board failed to meet the requirements of N.J.S.A. 40:55D-42 or Ordinance § 206-111. 2 The Board did not ... sewerage and drainage improvements were "necessitated" by the proposed development. N.J.S.A. 40:55D-42; Ordinance § 206-111A(2)(a). Instead, the Board ...
docket: a5655-10
court: NJ Superior Court Appellate Division
decided: 2013-10-08
status: unpublished
citation:
Document Size: 57337
5 Toll Bros., Inc. and Laurel Creek, L.P. v. Board of Chosen Freeholders ofthe County of Burlington and the Planning Board of the County of Burlington -- rank: 668
... its pro-rata share of the cost of such improvements. N.J.S.A. 40:55D-42; Holmdel Builders Ass’n v. Twp. of Holmdel , 121 N ... and citations omitted).] Of particular importance to this case is N.J.S.A. 40:55D-42, which provides the boundaries of a public entity’s power ... each developer or owner within a related and common area. [ N.J.S.A. 40:55D-42 (emphasis added).] Fundamental to that provision, which codifies pre-MLUL ... is to satisfy the nexus and pro-rata provisions of N.J.S.A. 40:55D-42. Indeed, where a change in the developer’s plans calls ... our analysis of the issue. Noting that the policies underlying N.J.S.A. 40:55D-42 require developers “to contribute to the cost of off ...
docket: a-123-06
court:
decided: 2008-03-31
status:
citation: *CITE_PENDING*
Document Size: 107765
6 ROBERT J. PACILLI HOMES, LLC v. TOWNSHIP OF HARRISON -- rank: 657
... body to exact contributions for off-tract improvement permitted by N.J.S.A. 40:55D-42. 401 N.J. at 168-70. We began by noting generally that N.J.S.A. 40:55D-42 "'provides the boundaries of a public entity's power with ... Burlington , 194 N.J. 223 , 243 (2008)). By its language, N.J.S.A. 40:55D-42 specifically limits the purposes off-tract contributions to "reasonable and ... Bernards Township , 108 N.J. 223 , 237 (1987), which interpreted N.J.S.A. 40:55D-42 to allow exactions for street improvements and water, sewerage and ... 237).] Although Toll Brothers and Bernards explained the scope of N.J.S.A. 40:55D-42, neither addressed directly, the validity of ordinances requiring the "'dedication ... noted that such an improvement was not specifically listed in N.J.S.A. 40:55D-42. Id. at 358-59. The threshold question is whether ...
docket: a2975-09
court: NJ Superior Court Appellate Division
decided: 2011-07-22
status: unpublished
citation:
Document Size: 28256
7 PINE VIEW ESTATES L.L.C. v. BRICK TOWNSHIP MUNICIPAL UTILITIES AUTHORITY -- rank: 654
... of a portion of its construction costs was based on N.J.S.A. 40:55D-42, which is part of the Municipal Land Use Law, N ... for reimbursement was barred by the time limit imposed by N.J.S.A. 40:55D-42. Under that statute: Where a developer pays the amount determined ... its complaint on August 31, 2007. The Authority contends that N.J.S.A. 40:55D-42 required Pine View to institute legal action within one year ... a panel of this court stated: A fair reading of N.J.S.A. 40:55D-42 satisfies us that it was not intended to permit a ... arithmetic is not apparent to us in the record. 3 N.J.S.A. 40:55D-42 states in part: The governing body may by ordinance adopt ...
docket: a5868-10
court: NJ Superior Court Appellate Division
decided: 2013-04-29
status: unpublished
citation:
Document Size: 59371
8 TOLL BROS., INC. et al. v. CREEK, L.P. -- rank: 619
... required by construction or improvements within such subdivision or development." N.J.S.A. 40:55D-42. The "plain meaning and obvious legislative intent was to limit ... affect county drainage facilities"). The same policy considerations that govern N.J.S.A. 40:55D-42, pertaining to townships, also apply to the powers conferred upon ... included in a general development plan for a planned development. N.J.S.A. 40:55D-42. A developer's agreement may be invalidated if it clearly ...
docket: a6884-03
court: njappellate
decided: 2006-09-18
status: published
citation: *CITE_PENDING*
Document Size: 111813
9 TOLL BROS., INC. et al. v. CREEK, L.P. -- rank: 619
... required by construction or improvements within such subdivision or development." N.J.S.A. 40:55D-42. The "plain meaning and obvious legislative intent was to limit ... affect county drainage facilities"). The same policy considerations that govern N.J.S.A. 40:55D-42, pertaining to townships, also apply to the powers conferred upon ... included in a general development plan for a planned development. N.J.S.A. 40:55D-42. A developer's agreement may be invalidated if it clearly ...
docket: a4816-03
court: njappellate
decided: 2006-09-18
status: published
citation: *CITE_PENDING*
Document Size: 111813
10 TOLL BROS., INC. et al. v. CREEK, L.P. -- rank: 619
... required by construction or improvements within such subdivision or development." N.J.S.A. 40:55D-42. The "plain meaning and obvious legislative intent was to limit ... affect county drainage facilities"). The same policy considerations that govern N.J.S.A. 40:55D-42, pertaining to townships, also apply to the powers conferred upon ... included in a general development plan for a planned development. N.J.S.A. 40:55D-42. A developer's agreement may be invalidated if it clearly ...
docket: a4814-03
court: njappellate
decided: 2006-09-18
status: published
citation: *CITE_PENDING*
Document Size: 111813
11 BRITWOOD URBAN RENEWAL, LLC v. CITY OF ASBURY PARK -- rank: 614
... authorizing imposition of that obligation on plaintiff or others. See N.J.S.A. 40:55D-42. Plaintiff also argued that because its project merely involved rehabilitation ... municipality to adopt regulations requiring off-site infrastructure contributions. See N.J.S.A. 40:55D-42. Third, he concluded that the ordinance See footnote 2 was ... infrastructure contributions. In reaching this conclusion, the judge relied on N.J.S.A. 40:55D-42 for support. This section, indeed, permits the governing body to ... permits a municipality to adopt an ordinance requiring infrastructure contributions, N.J.S.A. 40:55D-42. He therefore concluded that Ordinance 2633 was valid. This analysis ...
docket: A3160-03
court: NJ Superior Court Appellate Division
decided: 2005-04-20
status: published
citation: 376 N.J. Super. 552 871 A.2d 129
Document Size: 43842
12 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 605
Original Wordprocessor Version This case can also be found at 390 N.J. Super. 1 or 914 A.2d 348. (NOTE: The status of this decision is Published .) (NOTE: The status of this decision is published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION                             SUPERIOR COURT OF NEW JERSEY ...
docket: A2674-04
court: NJ Superior Court Appellate Division
decided: 2007-01-25
status: published
citation: 390 N.J. Super. 1 914 A.2d 348
Document Size: 190664
13 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 605
Original Wordprocessor Version This case can also be found at 390 N.J. Super. 1 or 914 A.2d 348. (NOTE: The status of this decision is Published .) (NOTE: The status of this decision is published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION                             SUPERIOR COURT OF NEW JERSEY ...
docket: A1960-04
court: NJ Superior Court Appellate Division
decided: 2007-01-25
status: published
citation: 390 N.J. Super. 1 914 A.2d 348
Document Size: 190664
14 /usr/local/share/www/libweb/collections/courts/appellate/a2705-04.opn.html -- rank: 605
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) Original Wordprocessor Version This case can also be found at *CITE_PENDING*. (NOTE: The status of this decision is published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 267921
15 IN THE MATTER ADOPTION OF N.J.A.C. 5:94 AND 5:95 BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING -- rank: 605
Original Wordprocessor Version This case can also be found at 390 N.J. Super. 1 or 914 A.2d 348. (NOTE: The status of this decision is Published .) (NOTE: The status of this decision is published .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION                             SUPERIOR COURT OF NEW JERSEY ...
docket: A2665-04
court: NJ Superior Court Appellate Division
decided: 2007-01-25
status: published
citation: 390 N.J. Super. 1 914 A.2d 348
Document Size: 190664
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