Dunbar Homes, Inc. v. Zoning Board of Adjustment of the Township of Franklin, Defendant-Respondent, and Township Of…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that Dunbar Homes' incomplete submission did not qualify as an "application for development" under the Municipal Land Use Law and therefore was not protected by the Time of Application Rule. The Court reasoned that the statutory definition requires all documents mandated by the local ordinance, and without them the Board's requirement that Dunbar seek a more stringent variance was neither arbitrary nor capricious. The decision also clarified that the completeness provision does not alter the TOA Rule's application and that a waiver request is needed to trigger protection for an incomplete filing.