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Monday, August 6, 2007

Citizens United to Protect the Maurice River and Its Tributaries , Inc. v. City of Millville Planning Board

08-06-07 A-4204-05T2

The process by which a planning board determines whether a
general development plan (GDP) "will not have an unreasonably
adverse impact on the area in which it is proposed to be
established," see N.J.S.A. 40:55D-45d, is intended to be general
in nature and to provide the increased flexibility desirable to
promote mutual agreement between a developer and planning board regarding the basic scheme of a planned development. Consideration should be from the standpoint of probable feasibility, with more detailed presentation deferred until subsequent applications for preliminary site plan and subdivision approvals.

Applying this standard, the planning board had before it
sufficient evidence to support its determination that the
proposed GDP will not have an unreasonably adverse impact, and
we affirm the Law Division order upholding the board's approval.