Search Rutgers Law Library N.J. Court Opinions

1 RACCOON CREEK GROUP LLC v. CONSTRUCTION BOARD OF APPEALS OF THE COUNTY OF GLOUCESTER -- rank: 1000

... review services of a development application under the auspices of N.J.S.A. 40:55D-53.2. 1 We modify the judgment and affirm. I. Raccoon ... be developed, . . . all billings of Bach [] be found appropriate under N.J.S.A. 40:55D-53.2a and therefore . . . the appeal should be denied as to ... delegated authority to resolve professional review fee disputes pursuant to N.J.S.A. 40:55D-53.2a brings it firmly within the MLUL's orbit. We ... for services rendered for review of an application for development. N.J.S.A. 40:55D-53.2(a). A GDP, defined in N.J.S.A ... a deposit toward anticipated municipal expenses for these professional services." N.J.S.A. 40:55D-53.2(b). Those fees must be "reasonable and necessary, given the status and progress of the application." N.J.S.A. 40:55D-53.2(e). If an escrow account is established, the ...

docket:	a4029-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-02
status:	unpublished
citation:
Document Size:	48497

2 MAJESTIC CONTRACTING LLC v. WILLIAM H. NUNZIATO -- rank: 1000

... ordinances to create, among other things, standards for drainage facilities. N.J.S.A. 40:55D-53(a) specifically authorizes a municipality to require . . . in accordance with ... that minimum exceeds the fifteen percent cap set forth in N.J.S.A. 40:55D-53(a)(2), it conflicts with N.J.S.A. 40 ... ten years, which is beyond the two years contained in N.J.S.A. 40:55D-53(a)(2). The parameters for the escrow set forth in N.J.S.A. 40:55D-53(a)(2) have been discussed as follows: As to completed ... which is limited to 15% of the cost of improvements. N.J.S.[A.] 40:55D-53(a)(2) and 40:55D-53.4. But see Talcott ... basin for a period of ten years did not violate N.J.S.[A.] 40:55D-53(a)(2). [William M. Cox & Stuart R. Koenig, New ...

docket:	a1659-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	48409

3 BERGEN RIDGE HOMEOWNERS ASSOCIATION, INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD, -- rank: 1000

... to Board members for attending special meetings. Plaintiff argues that N.J.S.A. 40:55D-53.2 specifically prohibits payments to Board members because the statute ... N.J. Super. 437 (App. Div. 2005) to argue that N.J.S.A. 40:55D-53.2 only permitted payment of fees to the Board's ... members for 15 A-0206-15T1 attendance at special meetings. N.J.S.A. 40:55D-53.2 provides in pertinent part: a. The chief financial officer ... such charges to his bill. [(Emphasis added).] The purpose of N.J.S.A. 40:55D-53.2 is to limit and control the costs of applying ... Super. at 447. Plaintiff's argument is partially correct because N.J.S.A. 40:55D-53.2 addresses fees for the Board's professional consultants. However ... correctly stated that a fair reading of the language of N.J.S.A. 40:55D-53.2 is that its purpose is to control professional ...

docket:	a0206-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-30
status:	Unpublished
citation:
Document Size:	83373

4 GATTO DESIGN & DEVELOPMENT CORP. VS THE TOWNSHIP OF COLTS NECK -- rank: 951

... with the exception of irrevocable letters of credit issued under N.J.S.A. 40:55D-53.5 and cash, the MLUL gives municipalities the discretion to ... specified in section 16 of P.L.1991, c. 256 ([ N.J.S.A. 40:55D-53, it has the unqualified discretion to require a single type ... Finally, the trial judge accepted Colts Neck's argument that N.J.S.A. 40:55D-53.5, dealing with letters of credit, was significant in construing ... performance guarantees under N.J.S.A. 40:55D-6. N.J.S.A. 40:55D-53.5 reads as follows:             The approving authority shall , for the ... guarantees."             The 1991 amendment to the Municipal Land Use Law [ N.J.S.A. 40:55D-53.5] defined the circumstances under which a municipality must accept ... 35 New Jersey Practice § 526 at 437 (1993).] We construe N.J.S.A. 40:55D-53.5 as responding to a specific problem, municipalities' reluctance ...

docket:	a1222-97
court:	njappellate
decided:	1998-11-10
status:	published
citation:	<a href=
Document Size:	27642

5 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 852

... to insure the completion of all improvements as described in N.J.S.A. 40:55D-53 in an amount approved by the Township Engineer, which shall ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53 was an illegal condition. Resolution No. 224-05 granting Pacilli ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53." N.J.S.A. 40:55D-53(b) provides that "[t]he time allowed for installation of ... Ibid. n.1. We concluded that the introductory language of N.J.S.A. 40:55D-53(a), which provides that the approving authority may require the ...

docket:	a4226-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126533

6 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 852

... to insure the completion of all improvements as described in N.J.S.A. 40:55D-53 in an amount approved by the Township Engineer, which shall ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53 was an illegal condition. Resolution No. 224-05 granting Pacilli ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53." N.J.S.A. 40:55D-53(b) provides that "[t]he time allowed for installation of ... Ibid. n.1. We concluded that the introductory language of N.J.S.A. 40:55D-53(a), which provides that the approving authority may require the ...

docket:	a3271-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

7 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 852

... to insure the completion of all improvements as described in N.J.S.A. 40:55D-53 in an amount approved by the Township Engineer, which shall ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53 was an illegal condition. Resolution No. 224-05 granting Pacilli ... may be extended by the Township Committee in accordance with N.J.S.A. 40:55D-53." N.J.S.A. 40:55D-53(b) provides that "[t]he time allowed for installation of ... Ibid. n.1. We concluded that the introductory language of N.J.S.A. 40:55D-53(a), which provides that the approving authority may require the ...

docket:	a3301-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

8 /usr/local/share/www/libweb/collections/courts/appellate/a5199-14.opn.html -- rank: 845

... to which plaintiff posted using an irrevocable letter of credit. N.J.S.A. 40:55D-53.5. See also K. Woodmere Assoc., L.P. & Kaplan at ... engineer according to the method of calculation set forth in . . . ([ N.J.S.A. ] 40:55D-53.4), for improvements which the approving authority may deem necessary ... be appended to each performance guarantee posted by the obligor. [ N.J.S.A. 40:55D-53(a)(1).] When required improvements are completed or substantially completed, a developer may request release of the surety. N.J.S.A. 40:55D-53(d). At that time, the municipal engineer inspects the development ... itemized cost estimate to the governing body with a recommendation. N.J.S.A. 40:55D-53(d)(1). The list prepared by the municipal engineer shall ... engineer and appended to the performance guarantee pursuant . . . this section. [ N.J.S.A. 40:55D-53(d)(2).] The Planning Board determines completed and needed ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34945

9 WYNFIELD CORPORATION, et al. v. KILLAM ASSOCIATES -- rank: 816

... I&E) asserts that the trial court erred in interpreting N.J.S.A. 40:55D-53.2a for such billing disputes provides the exclusive remedy for ... from the escrow account plaintiff was required to maintain under N.J.S.A. 40:55D-53.2a, or because it runs counter to the court's ... Super. at 322, a case pre-dating the adoption of N.J.S.A. 40:55D-53.2a, the plaintiff-developers sued both the Township of Gloucester ... the Township as a third-party defendant. Id. at 326. N.J.S.A. 40:55D-53.2a was enacted by the Legislature one year after our ... complaint, application, or appeal to a court of competent jurisdiction. [ N.J.S.A. 40:55D-53.2a.] Here, plaintiff argues that the Legislature, in enacting N.J.S.A. 40:55D-53.2a, could have expressly precluded non-prerogative writs causes ...

docket:	a7019-03
court:	njappellate
decided:	2006-04-24
status:	published
citation:	*CITE_PENDING*
Document Size:	36066

10 BIL-JIM CONSTRUCTION COMPANY, INC v. WYNCREST COMMONS LP -- rank: 816

... performance guarantees in accord with the Municipal Land Use Law, N.J.S.A. 40:55D-53, but insists Bil-Jim's claim for the retainage accrued ... to -163, and any reasonable interpretation of the parties' contract. N.J.S.A. 40:55D-53 governs performance guarantees for the installation and maintenance of improvements ... permit the municipality to approve release of the guarantee. See N.J.S.A. 40:55D-53(d). The engineer is then required to inspect the improvements ... to which have been satisfactorily A-0173-21 15 completed. N.J.S.A. 40:55D-53(d). The governing body must thereafter adopt a resolution 'not ... amount of reduction to be made in the performance guarantee.' N.J.S.A. 40:55D-53(e)(1). Wyncrest entered into a Developer's Agreement with ... detailed list and report, in writing, with the governing body.' N.J.S.A. 40:55D-53(d)(1). Indeed, N.J.S.A. 40:55D- ...

docket:	a0173-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-03
status:	Unpublished
citation:
Document Size:	40626

11 DEBORAH POST v. TOWNSHIP OF CHESTER -- rank: 807

... costs for professional services rendered to the Planning Board. See N.J.S.A. 40:55D-53.1. The professional services employed in the review of Post ... escrow account that do not conform to the requirements of N.J.S.A. 40:55D-53.2a. C. Chester charged Ritter fees to Plaintiff's escrow ... the Board's eight findings were arbitrary, capricious, or unreasonable. N.J.S.A. 40:55D-53.2(a) governs the payment to professionals for services rendered ... a municipal professional add any such charges to his bill. . . . [ N.J.S.A. 40:55D-53.2(a) (emphasis added).] The legislative intent behind this statute ... Community Affairs Committee, Statement to A. 518 (Feb. 6, 1995)). N.J.S.A. 40:55D-53.2(e) limits that amount of fees that may be ... be reasonably based on the approved development plans and documents. [ N.J.S.A. 40:55D-53.2(e).] A municipality is authorized to require developers ...

docket:	a2923-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	38963

12 FREDA, JOSEPH G. BY ACME AS : TENANT v. CITY OF SEA ISLE CITY -- rank: 803

... municipality in reviewing applications for development and for site inspections. N.J.S.A. 40:55D-53.1. The City seeks dismissal of Acme’s appeal since ... Div. 1985); N.J.S.A. 40:55D-8(b); N.J.S.A. 40:55D- 53.1. Nowhere does the statute mention escrow fees constitute a ... to continue on the development or the application -9- . . . .” N.J.S.A. 40:55D-53.2(c). The municipality is also able to require escrow fees for inspections as well. N.J.S.A. 40:55D-53(h). “[T]he municipal engineer shall not perform any ...

docket:	06381-23
court:	NJ Superior Court Appellate Division
decided:	2024-03-05
status:	Published
citation:
Document Size:	25441

13 JONATHAN WISHNIA v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WARREN -- rank: 787

... was required to pay the escrow fees because the MLUL, N.J.S.A. 40:55D-53.2, permits municipalities to charge fees to offset their costs ... shall be reasonable and established by Ordinance." To that end, N.J.S.A. 40:55D-53.2(a) further authorizes a municipality to pay professionals the ... qualify as "other purposes under the provisions of the [MLUL]." N.J.S.A.  40:55D-53.2. Accordingly, we conclude the Township clearly possesses the authority ...

docket:	a0883-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	40767

14 TOWNSHIP OF FRANKLIN v. DAVID DEN HOLLANDER, GARDEN STATE GROWERS, et al. -- rank: 745

... and drainage facilities; provided that section 41 of this act [ N.J.S.A. 40:55D-53] shall apply to such improvements.          [ N.J.S.A. 40 ...

docket:	A0876-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-28
status:	published
citation:	338 N.J. Super. 373
Document Size:	55155

15 BOROUGH OF BLOOMINGDALE v. BLOOMINGDALE JOINT VENTURE, et al. -- rank: 742

... 360-unit townhouse development in the B orough. Pursuant to N.J.S.A. 40:55D-53.2, Meer was required to establish an escrow account with ... referred to mediation with Bloomingdale's governing body pursuant to N.J.S.A. 40:55D-53.2a. Before the governing body rendered a decision, however, Meer ... charges consisted of "a pattern of excessive or inaccurate charges." N.J.S.A. 40:55D-53.2a(a). As best we can discern, plaintiff contends Meer ... s challenge to Thompson's invoices after July 1 because N.J.S.A. 40:55D-53.2a(a) allows an appeal "for an ongoing series of ... made to the applicant's escrow account may be appealed. N.J.S.A. 40:55D-53.2e requires every professional charge to be "reasonable and necessary ... Meer for services not "reasonable and necessary" to his retention. N.J.S.A. 40:55D-53.2a(a) permits the applicant to file a single ...

docket:	A1978-05
court:	NJ Superior Court Appellate Division
decided:	2007-04-25
status:	unpublished
citation:
Document Size:	52213