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 Results for ("N.J.S.A. 40:55d-62")   1 to 15 of 126 results. Run time: 0.855 seconds | Search time: 0.848 seconds    
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1 Riya Finnegan LLC v. Township Council of the Township of South Brunswick, et al. -- rank: 1000
... the applicable provision of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-62(a), see Riya I , supra , 386 N.J. Super. at ... concluded that the Ordinance adequately complied with the MLUL, see N.J.S.A. 40:55D-62(a), by setting forth the reasons for the governing bodyâ ... power to “adopt or amend a zoning ordinance.” N.J.S.A. 40:55D-62(a). We have recognized that the role of courts in ... the master plan or designed to effectuate such plan elements. [ N.J.S.A. 40:55D-62(a).] Although the Master Plan itself has no independent force ... forth in a resolution and recorded in its minutes.” N.J.S.A. 40:55D-62(a). Taken together, the statutory directive that the zoning ordinance ... on which to conclude that the post- Petlin adoption of N.J.S.A. 40:55D-62(a) suggests otherwise. See generally William M. Cox, Zoning ...
docket: a-65-07
court:
decided: 2008-12-22
status:
citation: 197 N.J. 207
Document Size: 88921
2 THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT -- rank: 988
... the municipality may then enact a conforming zoning ordinance. See N.J.S.A. 40:55D-62.a. When adopting a zoning ordinance, the governing body introduces ... on zoning ordinances. Prior statutes had not prohibited referenda. Compare N.J.S.A. 40:55D-62.b with R.S. 40:55D-30 to -32.     Section ...
docket: a-112-93
court: njsupreme
decided: 1994-08-04
status:
citation: 137 N.J. 136
Document Size: 67039
3 ROBERT JAMES PACILLI HOMES, L.L.C. v. TOWNSHIP OF WOOLWICH, et al. -- rank: 906
... within three residential zones triggered the personal notice requirement of N.J.S.A. 40:55D-62.1. We hold that, given the breadth and impact on ... reading. It is undisputed that certified mail notice pursuant to N.J.S.A. 40:55D-62.1 was not provided prior to the first reading. Following ... challenging the amended ordinance. In Count One, it asserted that N.J.S.A. 40:55D-62.1 required certified mail notice of the proposed amendments to ... to provide notice of the proposed amendment was contrary to N.J.S.A. 40:55D-62.1. In Count Two, the WLA asserted that the Township ... Count Four, it contended that the amendment is contrary to N.J.S.A. 40:55D-62 because the zoning regulations are not uniform throughout each district ... zones were so substantial that the personal notice provision of N.J.S.A. 40:55D-62.1 was triggered. The Township responded that the amended ...
docket: a3622-05
court: njappellate
decided: 2007-07-05
status: published
citation: 394 N.J. Super. 319
Document Size: 99096
4 WOOLWICH LANDOWNERS ASSOCIATION v. THE TOWNSHIP OF WOOLWICH -- rank: 906
... within three residential zones triggered the personal notice requirement of N.J.S.A. 40:55D-62.1. We hold that, given the breadth and impact on ... reading. It is undisputed that certified mail notice pursuant to N.J.S.A. 40:55D-62.1 was not provided prior to the first reading. Following ... challenging the amended ordinance. In Count One, it asserted that N.J.S.A. 40:55D-62.1 required certified mail notice of the proposed amendments to ... to provide notice of the proposed amendment was contrary to N.J.S.A. 40:55D-62.1. In Count Two, the WLA asserted that the Township ... Count Four, it contended that the amendment is contrary to N.J.S.A. 40:55D-62 because the zoning regulations are not uniform throughout each district ... zones were so substantial that the personal notice provision of N.J.S.A. 40:55D-62.1 was triggered. The Township responded that the amended ...
docket: A3818-05
court: NJ Superior Court Appellate Division
decided: 2007-07-05
status: published
citation: 394 N.J. Super. 319 926 A.2d 412
Document Size: 101857
5 In re Petition for Referendum on City of Trenton Ordinance 09-02 -- rank: 894
... referendum." 240 N.J. Super. 346, 351 (App. Div.) (recognizing N.J.S.A. 40:55D-62 as statutory exception to referendum statute), aff'd , 120 N ...
docket: a-70-09
court: supreme
decided: 2010-04-06
status:
citation: 201 N.J. 349 990 A.2d 1109
Document Size: 111478
6 CONCERNED CITIZENS OF LIVINGSTON v. TOWNSHIP OF LIVINGSTON -- rank: 885
... three counts, alleging violation of: (1) the notice requirements of N.J.S.A. 40:55D-62.1; (2) the prohibition on spot 4 A-4171-15T3 ... J. Super. 319 (App. Div. 2007), 'the notice provisions of N.J.S.A. 40:55D-62.1 [we]re triggered, requiring certified mail notices to property ... notice requirements for certain ordinances. 6 A-4171-15T 3 N.J.S.A. 40:55D-62.1 'directs that all property owners within a zoning district ... his address as shown on the said current tax duplicate. [ N.J.S.A. 40:55D-62.1 (emphasis added).] It is undisputed the Council did not ... Township Committee was required to follow the notice requirements of N.J.S.A. 40:55D-62.1,' and as it did not, the ordinance was 'invalid ... 1 zone. Ibid. Because the Ordinance worked a classification change, N.J.S.A. 40:55D-62.1 required certified mail notices to property owners within ...
docket: a4171-15
court: NJ Superior Court Appellate Division
decided: 2018-06-11
status: unpublished
citation:
Document Size: 107734
7 REALTY SITES v. TOWNSHIP OF CLARK -- rank: 882
... prior to its adoption failed to meet the requirements of N.J.S.A. 40:55D-62 by failing to set forth the differences between the ordinance ... the court heard further argument on the issue of whether N.J.S.A. 40:55D-62.1 required the Township to provide affected property owners with ... court issued a written opinion in which it concluded that N.J.S.A. 40:55D-62.1 required the Township to provide affected property owners with ... ordinance was invalid. The court found that the exemption in N.J.S.A. 40:55D-62.1 for zoning changes adopted as a result of a ... that was substantially equivalent to the actual notice required by N.J.S.A. 40:55D-62.1 to give affected property owners personal notice of the ... S.A. 40:55D-89d. The MLUL further provides in N.J.S.A. 40:55D-62.1 that: Notice of a hearing on an amendment ...
docket: a2381-07
court: NJ Superior Court Appellate Division
decided: 2009-01-05
status: unpublished
citation:
Document Size: 55606
8 CONCERNED CITIZENS OF HOPEWELL AND EWING, INC v. THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HOPEWELL -- rank: 876
... evidence to overcome the presumption of validity. Judge Jacobson noted: '[N.J.S.A. 40:55D-62] doesn't contain a requirement that the specific inconsistency between ... judge found the requireme nts A-1264-20 20 under N.J.S.A. 40:55D-62 were satisfied. She further noted that the MLUL does not ... the master plan or designed to effectuate such plan elements,' N.J.S.A. 40:55D-62, unless the requirements of that statute are otherwise satisfied. Third ... Ordinance's inconsistency with the Master Plan, the Township satisfied N.J.S.A. 40:55D-62. N.J.S.A. 40:55D-62(a) states, in pertinent part: [T]he governing body may ... it does trigger three procedural requirements as set forth in N.J.S.A. 40:55D- - 62(a). First, N.J.S.A. 40:55D-62( ...
docket: a1264-20
court: NJ Superior Court Appellate Division
decided: 2022-10-03
status: Unpublished
citation:
Document Size: 60407
9 MAHWAH REALTY ASSOCIATES, INC v. TOWNSHIP OF MAHWAH, -- rank: 865
... requiring compliance with the MLUL 1 notice provisions contained in N.J.S.A. 40:55D-62.1, and, if so, whether that statute requires notice that ... in classification, but reverse the judgment invalidating the ordinance because N.J.S.A. 40:55D-62.1 requires only identification of the zoning districts affected by ... arguing that Mahwah failed to give the notice required by N.J.S.A. 40:55D-62.1. Mahwah cross-moved for partial summary judgment, seeking the ... of the effected zones, thereby triggering the notice requirements of N.J.S.A. 40:55D-62.1. In addition, the judge held that Mahwah was required ... of this proposed classification change in the manner required by N.J.S.A. 40:55D-62.1. Consequently, summary judgment was entered in favor of plaintiffs ... if it does, the notice to property owners conformed to N.J.S.A. 40:55D-62.1. We reject the first argument and agree with ...
docket: a4360-11
court: NJ Superior Court Appellate Division
decided: 2013-04-15
status: published
citation: 430 N.J.Super. 247 63 A.3d 1217
Document Size: 40108
10 426 ROYAL, LLC v. PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK and PINEVILLE BRUNSWICK DEVELOPMENT ASSOCIATES, LP - -- rank: 859
... S.A. 40:55D-41b from those adopted pursuant to N.J.S.A. 40:55D-62, to avoid uncertainty for applicants and objectors as well as ...
docket: a1334-14
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 32672
11 QUICK CHEK CORPORATION v. HOWELL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 847
... Zimmerman opined that the Township was required to comply with N.J.S.A. 40:55D-62.1, which requires notice to all owners within a zoning ... classification of the HD-3 zone within the meaning of N.J.S.A. 40:55D-62.1. Zimmerman explained that before the ordinance was adopted, the ... body could not pass a zoning amendment without complying with N.J.S.A. 40:55D-62.1, although he later clarified, on cross-examination, that that ... changes in classification that would necessitate the notice requirements of N.J.S.A. 40:55D-62.1. He concluded that Ordinance 0-11-47 was not ... a zoning district without complying with the notice provision of N.J.S.A. 40:55D-62.1, Ordinance No. 0-11-47 is invalid as a ... s opinion on the meaning of "classification" as used in N.J.S.A. 40:55D-62.1 was entitled to no deference from the trial ...
docket: a3376-12
court: NJ Superior Court Appellate Division
decided: 2014-11-07
status: unpublished
citation:
Document Size: 61494
12 ENZO MARINELLI v. TOWNSHIP OF LOPATCONG -- rank: 824
... in its minutes the reasons for not following such recommendation. N.J.S.A. 40:55D-62(a) authorizes a governing body to adopt an ordinance that ... its rationale in a resolution and on the record. Under N.J.S.A. 40:55D-62(a): The governing body may adopt or amend a zoning ... in its minutes when adopting such a zoning ordinance[.] Neither N.J.S.A. 40:55D-62(a), nor any other section of the MLUL, defines "substantially ... Lopatcong had to comply with the procedure set forth in N.J.S.A. 40:55D-62 to lawfully adopt the ordinance. That statute, they claim, required ... did not have to follow the procedure set forth in N.J.S.A. 40:55D-62. D. Intervenors contend that ordinance 2011-15 violated the MLUL ... in one district may differ from those in other districts. [ N.J.S.A. 40:55D-62(a).] The uniformity provision is rooted in notions of ...
docket: a5124-13
court: NJ Superior Court Appellate Division
decided: 2017-04-18
status: unpublished
citation:
Document Size: 89145
13 A-0426 ROYAL, LLC v. TOWNSHIP OF SOUTH BRUNSWICK, THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF SOUTH BRUNSWICK, THE PLANNING BOARD OF THE TOWNSHIP OF SOUTH BRUNSWICK, and PINEVILLE BRUNSWICK DEVELOPMENT ASSOC - July 27, 2015 -- rank: 818
... statute with the language of the zoning ordinance adoption statute, N.J.S.A. 40:55D-62, which explicitly requires "affirmative vote of a majority of . . . the ... dispose of a rezoning application without reaching the merits under N.J.S.A. 40:55D-62, as would otherwise be required. Should the Council find, for ... so expressly as it has in related statutes, such as N.J.S.A. 40:55D-62 and N.J.S.A. 40:55D-10g. It is ...
docket: a0461-13
court: NJ Superior Court Appellate Division
decided: 2014-09-09
status: unpublished
citation:
Document Size: 53307
14 MARK SMITH v. SOUTH BRUNSWICK TOWNSHIP -- rank: 815
... further consideration of the proposal. The judge also found that N.J.S.A. 40:55D-62.1 did not require the Township to send personal notice ... 49-2.1(a), and that the personal notice satisfied N.J.S.A. 40:55D-62.1. For the reasons that follow, we agree with the ... N.J.S.A. 40:49-2.1(a) and N.J.S.A. 40:55D-62.1. At a minimum, municipalities must substantially comply with statutory ... was not required in connection with Ordinance 15-03 because N.J.S.A. 40:55D-62.1 applies only "to two events—classification changes and boundary ... N.J.S.A. 40:49-2.1(a) and N.J.S.A. 40:55D-62.1 are applicable. The published notice's "brief summary" for ... be re-zoned. Thus, the personal notice substantially complied with N.J.S.A. 40:55D-62.1 by providing the nature of the matter to ...
docket: a1218-15
court: NJ Superior Court Appellate Division
decided: 2017-05-18
status: unpublished
citation:
Document Size: 103093
15 WILLIAM M. CAMPBELL v. BOROUGH OF NORTH PLAINFIELD -- rank: 812
... also enacted in its entirety what has been codified as N.J.S.A. 40:55D-62.1, s ee L. 1995, c. 249, § 2, as an ... those districts. Id. at 329-33. At the same time, N.J.S.A. 40:55D-62.1 was enacted, s ee L. 1995, c. 249, §2 ...
docket: a0526-07
court: NJ Superior Court Appellate Division
decided: 2008-12-24
status: published
citation: 404 N.J.Super. 337 961 A.2d 770
Document Size: 84009
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