Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robert James Pacilli Homes, L.L.C. v. Township of Woolwich

July 5, 2007

ROBERT JAMES PACILLI HOMES, L.L.C., PLAINTIFF-APPELLANT/*FN1CROSS-RESPONDENT,
v.
TOWNSHIP OF WOOLWICH AND THE WOOLWICH TOWNSHIP PLANNING BOARD, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS.
WOOLWICH LANDOWNERS ASSOCIATION, PLAINTIFF-APPELLANT/CROSS-RESPONDENT,
v.
THE TOWNSHIP OF WOOLWICH, DEFENDANT-RESPONDENT/CROSS-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Docket Nos. L-1515-05 and L-1529-05.

The opinion of the court was delivered by: Cuff, P.J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Argued: March 21, 2007

Before Judge Cuff, Winkelstein and Baxter.

In these consolidated appeals, we consider whether a proposed ordinance to change density and bulk standards and to increase the amount of open space and greenway land requirements for subdivisions within three residential zones triggered the personal notice requirement of N.J.S.A. 40:55D-62.1. We hold that, given the breadth and impact on development of real property within each zone, the amendments effected a change of classification within the R-1 and R-2 zones; therefore, personal notice to all owners of real property in the affected districts was required, and we affirm the order setting aside the 2005 amendments to the zoning ordinance of defendant Township of Woolwich (the Township).

In 2003, the Township Committee adopted a zoning ordinance that contained the following bulk and density requirements for the R-1 residential zone:

Minimum Lot Size: 87,120 sq. ft.

(2 acres)

Minimum Lot Width: 185 feet Minimum Yards:

Front 60 feet

Side 25 feet

Rear 50 feet Maximum Building

Coverage: 10%

Maximum Impervious

Coverage: 30%

Maximum Building

Height: 35 feet Maximum Gross

Density: .5

units/acre

The 2003 zoning ordinance set the following bulk and density requirements for the R-2 residential zone as:

Minimum Lot Size: 65,340 sq. ft.

(1.5 acres)

Minimum Lot width: 160 feet Minimum Yards:

Front 50 feet

Side 20 feet

Rear 30 feet

Maximum

Building

Coverage: 10%

Maximum Impervious

Coverage: ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.