Search Rutgers Law Library N.J. Court Opinions

1 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 provides ... 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 professional ... 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 of ... 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 for ... 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, plaintiff ... 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 fees, ...

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status:	Unpublished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

2 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 Creek ... 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. 40 ... 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 municipality's ... quarter hour increments, the hourly rate and the expenses incurred." N.J.S.A. 40:55D-53.2(c). "The professional shall send an informational copy of all ... quarter hour increments, the hourly rate and the expenses incurred." N.J.S.A. 40:55D-53.2(c). If Raccoon Creek wished to examine the personnel ...

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status:	unpublished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

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

... 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 in ... 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 was ... 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 charged ... 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 to make ... a deposit toward anticipated municipal expenses for these professional services." N.J.S.A. 40:55D-53.2(b). The municipality's CFO is authorized to charge payments ... quarter hour increments, the hourly rate and the expenses incurred." N.J.S.A. 40:55D-53.2(c). In our view, the testimony of each professional ...

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status:	unpublished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

4 FREDA, JOSEPH G. BY ACME AS : TENANT v. CITY OF SEA ISLE CITY -- rank: 782

... 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 ...

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

5 JONATHAN WISHNIA v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WARREN -- rank: 764

... 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 for ... 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 fees ... 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 to ...

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

6 BOROUGH OF BLOOMINGDALE v. BLOOMINGDALE JOINT VENTURE, et al. -- rank: 703

... 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 plaintiff ... any case involving an appeal of municipal fees pursuant to [ N.J.S.A. 40:55D-53.2 ]." We find the obvious intention of the Legislature was to ...

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

7 SHAKOOR SUPERMARKETS INC v. OLD BRIDGE TOWNSHIP PLANNING BOARD -- rank: 614

... development applications. See N.J.S.A. 40:55D-24; N.J.S.A. 40:55D-53.2. On May 5, 2009, the Board’s consultants confirmed that ...

docket:	a3765-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	published
citation:	420 N.J. Super. 193 19 A.3d 1038
Document Size:	42428

8 WYNFIELD CORPORATION, et al. v. KILLAM ASSOCIATES -- rank: 599

... including legislative history, committee reports, and contemporaneous construction." Ibid. Under N.J.S.A. 40:55D-53.2(a): The chief financial officer of a municipality shall make ... was permitted to separately bill applicants for secretarial services under N.J.S.A. 40:55D-53.2, which were partly intended to make the professionals retained by ...

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

9 THE CEREBRAL PALSY CENTER, BERGEN COUNTY, INC. v. MAYOR AND COUNCIL BOROUGH OF FAIR LAWN, BOROUGH OF FAIR LAWN, et al. -- rank: 571

... we are satisfied that such provisions are fundamentally inconsistent with N.J.S.A. 40:55D-53.2 and, accordingly, are invalid.     The power to zone is an ... purposes" of the Municipal Land Use Law. Id. at 350.      N.J.S.A. 40:55D-53.2 contains detailed directions regarding "payments to professionals for services rendered ... have to be "based upon a schedule established by resolution." N.J.S.A. 40:55D-53.2 or fairly implied thereunder. We have previously set forth in ... Lawn's ordinance run counter to the legislative goals of N.J.S.A. 40:55D-53.2. The sponsor's statement and Assembly Housing Committee Statement to ...

docket:	a6896-02
court:	njappellate
decided:	2005-01-27
status:	published
citation:	374 N.J. Super. 437
Document Size:	22763