May 5, 2010 | 4 Comments
Posted by Michael Bruno
Long awaited by land use practitioners, Governor Christie signed Senate Bill No. 82 on May 5, 2010. The new law, which becomes effective a year from today, amends the Municipal Land Use Law and provides that municipal regulations in effect on the date of submission of a development application shall govern for purposes of review and decision on that application. Except for issues relating to health and safety, any subsequent changes to municipal development regulations shall not apply to a submitted application. This rule has been long awaited since the stinging 1995 decision by New Jersey’s Supreme Court in Manalapan Realty v. Township Committee. In the Manalapan case, the Township amended its zoning ordinance during the pendency of a site plan application for a new Home Depot store as a result of public opposition to the site plan. Under the new legislation, municiplities will no longer be able to amend its zoning ordinance to prohibit a use or amend its bulk requirements to prohibit or limit a use as to pending applications.