Developers benefit from “Time of Application” law passed on May 5.

On May 5, 2010, Governor Christie signed into law P.L. 2010, Chapter 9, known as the “Time of Application” law, which protects the rights of a developer by requiring the municipality to apply the zoning in place when application is filed. The law does away with the “Time of Decision” rule, which has been in place since the 1995 decision by the New Jersey Supreme Court in Manalapan Realty v. Township Committee, which allowed a municipality to change its zoning to negatively affect or prohibit a project which was already under review by a planning board.   The “Time of Application” law, effective May 5, 2011, requires that the development regulations in effect at the time a developer submits an application to a municipal land use board apply to that particular project. The only exception would be where a municipality makes changes to a development ordinance involving the issues of health and public safety, whereby such changed health and public safety ordinance would apply to the filed application.   As New Jersey and our Nation begin to rebound from the economic crisis that has slowed development, this law enhances the climate for developers to begin constructing projects in New Jersey. This change provides land use developer a better ability to plan its development applications. DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, PC is a full service law firm in New Jersey which provides a broad range of legal services, including the representation of parties in zoning, land use and local government matters. For additional information about the matters in this bulletin or in the firm’s land use, zoning and municipal please contact Jeffrey B. Lehrer, Esq.  


DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services. For additional information about the matters in this bulletin or in the firm’s Employment Practice, please contact Richard P. Flaum, Esq.

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