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 Results for ("N.J.S.A. 40:55d-49")   1 to 15 of 30 results. Run time: 0.714 seconds | Search time: 0.707 seconds    
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1 /usr/local/share/www/libweb/collections/courts/supreme/a-83-84-85-18.opn.html -- rank: 1000
... and all other rights conferred upon the developer pursuant to [N.J.S.A. 40:55D-49], whether conditionally or 2 otherwise, shall not be changed for ... to health and public safety to applications for development, and N.J.S.A. 40:55D- 49(a) contains a similar, albeit more limited, exception for preliminary ... court reasoned that the public health and safety exception from N.J.S.A. 40:55D-49 (Section 49), which appellants asked the court to read into ... and all other rights conferred upon the developer pursuant to [N.J.S.A. 40:55D-49], whether conditionally or otherwise, shall not be changed for a ... and all other rights conferred upon the developer pursuant to [N.J.S.A. 40:55D-49], whether conditionally or otherwise, shall not be changed for a ... more limited, exception for preliminary approvals of major subdivisions. See N.J.S.A. 40:55D-49(a) (“[N]othing herein shall be construed to ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 63444
2 D.L. Real Estate Holdings, L.L.C. v. Point Pleasant Beach Planning Board, et al. -- rank: 847
... have been revised by ordinance, such revised standards may govern. [ N.J.S.A. 40:55D-49.] III. . The Borough, by ordinance, has set forth requirements for ... of the two, the ordinance fairly mirrors the text of N.J.S.A. 40:55D-49, insofar as the ordinance details the rights conferred on a ... three years plus the two one-year extensions. See also N.J.S.A. 40:55D-49. Under the ordinance, as in the MLUL, the developer is ... does not truncate any of the rights expressly conferred by N.J.S.A. 40:55D-49.     The MLUL encourages “municipal action to guide the appropriate use ... 1977). The so-called statutory period of protection refers to N.J.S.A. 40:55D-49, which is intended as a safe harbor for applicants. The ... off-tract improvements during the three-year period of protection. N.J.S.A. 40:55D-49. Importantly, a municipality is authorized to enforce those changes ...
docket: a-152-01
court: njsupreme
decided: 2003-04-28
status:
citation: 176 N.J. 126
Document Size: 55352
3 FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 766
... or "the general terms and conditions" of the approval, see N.J.S.A. 40:55D-49, not the imposition of newly enacted affordable housing fees. We ...
docket: a0591-10
court: NJ Superior Court Appellate Division
decided: 2012-03-07
status: unpublished
citation:
Document Size: 113284
4 1FRIENDSHIP, INC v. TOWNSHIP OF NEW HANOVER -- rank: 766
... or "the general terms and conditions" of the approval, see N.J.S.A. 40:55D-49, not the imposition of newly enacted affordable housing fees. We ...
docket: a0592-10
court: NJ Superior Court Appellate Division
decided: 2012-03-07
status: unpublished
citation:
Document Size: 113285
5 TOLL BROS., INC., et al. v. THE PLANNING BOARD OF THE TOWNSHIP OF POHATCONG, -- rank: 755
... not necessarily the product of clear draftsmanship, we agree that N.J.S.A. 40:55D-49 confers protection from zoning changes upon plaintiffs' final subdivision application ... extension pursuant to subsection c. or d. of this section.         [ N.J.S.A. 40:55D-49.]     It has been said that the purpose of this statute ... have intended otherwise. Why else was the applicant authorized under N.J.S.A. 40:55D-49 to submit a final application during the protective period other ... S.A. 40:55D-49b. Second, the entire object of N.J.S.A. 40:55D-49 is to provide for a period of protection from zoning ... approval terminates the time period of preliminary approval pursuant to [ N.J.S.A. 40:55D-49] for the section granted final approval." N.J.S.A ...
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
6 S. TOLL BROS., INC., et al. v. THE PLANNING BOARD TOWNSHIP OF MT. OLIVE, et al. -- rank: 740
... s and ARD's application to toll the extensions under N.J.S.A. 40:55D-49, these preliminary approvals were scheduled to expire in May of ... approval will not be changed even if the ordinance changes. N.J.S.A. 40:55D-49. Similarly, preliminary approval of a major subdivision provides a three ... board for an extension of the preliminary site plan approval. N.J.S.A. 40:55D-49. See Toll Bros. , supra , 359 N.J. Super. at 453 ...
docket: A2023-04
court: NJ Superior Court Appellate Division
decided: 2006-04-26
status: unpublished
citation:
Document Size: 72220
7 S. TOLL BROS., INC., et al. v. THE PLANNING BOARD TOWNSHIP OF MT. OLIVE, et al. -- rank: 740
... s and ARD's application to toll the extensions under N.J.S.A. 40:55D-49, these preliminary approvals were scheduled to expire in May of ... approval will not be changed even if the ordinance changes. N.J.S.A. 40:55D-49. Similarly, preliminary approval of a major subdivision provides a three ... board for an extension of the preliminary site plan approval. N.J.S.A. 40:55D-49. See Toll Bros. , supra , 359 N.J. Super. at 453 ...
docket: A2836-04
court: NJ Superior Court Appellate Division
decided: 2006-04-26
status: unpublished
citation:
Document Size: 72219
8 State v. Shawn Bernard Mahone -- rank: 685
... and sidewalks; lot size; yard dimensions and off-tract improvements." N.J.S.A. 40:55D-49. That discretion is best exercised by a process in which ... of the applicability of the new ordinance.     Plaintiff argues that N.J.S.A. 40:55D-49 of the MLUL, which gives applicants who have received preliminary ... 333 , for the proposition that the statutory protection provided by N.J.S.A. 40:55D-49 is also applicable where, but for a planning board's ...
docket: a-57-97
court: njsupreme
decided: 1997-12-03
status:
citation: 137 N.J. 216
Document Size: 55149
9 CAPE JETTY, LLC, ET AL. VS. CAPE MAY PLANNING BOARD, ET AL. -- rank: 631
... and all other rights conferred upon the developer pursuant to [N.J.S.A. 40:55D-49] . . . shall not be changed for a period of two years ... begin on what would otherwise be the expiration date.' Ibid. N.J.S.A. 40:55D-49, in relevant part, provides: Preliminary approval . . . of a site plan ...
docket: a1418-22
court: appellate
decided: 2024-04-04
status: Unpublished
citation:
Document Size: 45892
10 BRITWOOD URBAN RENEWAL, LLC v. CITY OF ASBURY PARK -- rank: 619
... was granted shall not be changed, including . . . off-tract improvements . . . ." N.J.S.A. 40:55D-49.     The Planning Board's resolution of May 12, 2003, approved ... MLUL barred retroactive imposition of those costs on plaintiff. See N.J.S.A. 40:55D-49.     Nothing in the time-of-decision rule cases cited by ...
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
11 520 VICTOR STREET CONDOMINIUM ASSN. v. RAYMOND PLAZA -- rank: 616
... if the time-of-decision rule still governed. See also N.J.S.A. 40:55D-49. VI. The Law Division's judgment is reversed in part ...
docket: a5655-10
court: NJ Superior Court Appellate Division
decided: 2013-10-08
status: unpublished
citation:
Document Size: 57337
12 EAST/WEST VENTURE V. BORO OF FORT LEE -- rank: 599
... or combination of techniques" which satisfy its Mount Laurel obligation. N.J.S.A. 40:55D-49, which states that a site plan approval grants the developer ... vesting provisions of the MLUL, if not the letter. Although N.J.S.A. 40:55D-49 grants immunity for only a three-year period, the planning ...
docket: a736-94
court: njappellate
decided: 1996-01-05
status: published
citation: 286 N.J.Super. 311
Document Size: 55051
13 EDWARD BOJEKIAN AND FLORENCE BOJEKIAN V. FORT LEE PLANNING BOARD -- rank: 599
... or combination of techniques" which satisfy its Mount Laurel obligation. N.J.S.A. 40:55D-49, which states that a site plan approval grants the developer ... vesting provisions of the MLUL, if not the letter. Although N.J.S.A. 40:55D-49 grants immunity for only a three-year period, the planning ...
docket: a737-94
court: njappellate
decided: 1996-01-05
status: published
citation: 286 N.J.Super. 311
Document Size: 55078
14 REGENCY GARDENS NURSING HOMES v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WAYNE -- rank: 576
... to, among other things, any site plan approved pursuant to N.J.S.A. 40:55D-49 and 52, and further directed the applicant to comply with ...
docket: a2283-13
court: NJ Superior Court Appellate Division
decided: 2015-08-27
status: unpublished
citation:
Document Size: 28759
15 CARL AND DELLA DARST v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 564
... the MLUL. On this discrete point, we agree with plaintiffs. N.J.S.A. 40:55D-49, which is cross-referenced in N.J.S.A. 40:55D-49 (emphasis added).] Read together, these statutes allow plaintiffs to retain ... construed as implicitly part of the "use requirements" referenced in N.J.S.A. 40:55D-49, and thus likewise subject to the two years of statutory ...
docket: a0308-08
court: NJ Superior Court Appellate Division
decided: 2009-10-27
status: published
citation: 410 N.J. Super. 314 982 A.2d 27
Document Size: 88541
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