Supreme Court Rules That “Complete” Application Must be Filed for Time of Application Rule to Apply

On June 20, 2018, the New Jersey Supreme Court handed down its decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Township of Franklin and affirmed the Appellate Division’s holding that a “complete” application for development, as defined under the Municipal Land Use Law, must be filed in order for a developer to take advantage of the “time of application” rule. This typically means that the application form, fees, and all checklist requirements under the ordinance (for a site plan, subdivision and/or variance application) must be filed.

New Developer-Friendly Site Plan Bond Requirements Enacted

On January 15, during his last day in office, Gov. Chris Christie signed into law Assembly Bill 1425/Senate Bill 3233, which implements major reforms to the requirements for the posting of performance and maintenance guarantees under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq. The new law is effective immediately. Municipalities are now constrained from requiring performance and maintenance guarantees for private improvements in a development.