Time’s Up for Time of Decision Rule

March 18th, 2010 | Posted by: Christopher DeGrezia 3| comments:

Time of Decision RuleThe New Jersey Senate and Assembly recently passed a bill (S-58: A-437) that overrides the “time of decision rule,” which has governed decision making under the Municipal Land Use Law for decades. 

Under current law, a planning board or zoning board of adjustment applies the law in effect at the time it renders its decision, rather than the law in effect when the issues were initially presented.  A municipal governing body can amend its zoning ordinance after an application for development has been filed with a land use board, even in direct response to the application, and the land use board decides the matter based upon the amended ordinance. 

Under the new bill, a land use board would be required to make its decision on an application for development in accordance with the development regulations (zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land) that are in effect on the date the application for development is submitted.  The bill also exempts an application for development from changes made to ordinances other than development regulations, except for those relating to health and public safety, that are adopted after the application for development is submitted. » Read the rest of this entry «

NJ Supreme Court Rules on the Validity of Open Space/Recreational Fees and Set Asides

June 25th, 2009 | Posted by: Christopher DeGrezia 2| comments:

2009-02-17-transfer-481This morning, the New Jersey Supreme Court affirmed a decision by the Appellate Division striking down ordinances in Jackson Township and Egg Harbor.  The court held that the Municipal Land Use Law does not empower municipal governments to require developers to set aside land for common open space or recreational areas and facilities (or to make payments in lieu of those set-asides), except with regard to applications for planned developments.  » Read the rest of this entry «

Where Am I?

You are currently browsing the Development Application category at New Jersey Zoning and Land Use Law.