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Wednesday, February 22, 2017

DUNBAR HOMES, INC. VS. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF FRANKLIN, ET AL. A-3637-14T1

DUNBAR HOMES, INC. VS. THE ZONING BOARD OF ADJUSTMENT 
OF THE TOWNSHIP OF FRANKLIN, ET AL. 
A-3637-14T1 

We consider what is required for a submission to a municipal agency to constitute an "application for development" that triggers the protection of the "time of application" statute, N.J.S.A. 40:55D-10.5, a matter of first impression. We reject arguments from the Township that the application must be "complete" and from the applicant that a "substantial bona-fide application which does not constitute a sham" is sufficient. We hold that the definition of "application for development" contained in the Municipal Land Use Law, N.J.S.A. 40:55D-3, is a mandatory term and that, pursuant to that definition, a submission must include "the application form and all accompanying documents required by ordinance for approval" for the "time of application" statute to apply.