Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?
I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.
A: Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.
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