Pizzo Mantin Group v. Township of Randolph

In Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216, 229, 645 A.2d 89 (1994), the New Jersey Supreme Court held that "The mandate under N.J.S.A. 40:55D-48 that on compliance with the subdivision ordinance and the MLUL Municipal Land Use Law the application 'shall' be approved supports . . . the conclusion" that "a planning board's review of a subdivision proposal, including the layout of the entire design, must be made within the framework of the standards prescribed by the subdivision and, if pertinent, the zoning ordinances." Planning Boards do not have the authority to deny an application for subdivision approval "based on considerations of the general welfare, the purposes of the Municipal Land Use Law, and sound planning." Id. at 219, 645 A.2d 89; see William M. Cox, New Jersey Zoning and Land Use Administration, 4-3.1 at 68 (1999). If denial of a variance or waiver which is required for a proposed subdivision plan would be arbitrary or unreasonable, the need for the variance or waiver cannot justify rejection of the subdivision proposal. Pizzo Mantin Group, supra, 137 N.J. at 229, 645 A.2d 89.