The Municipal Land Use Law has long imposed time limits within which local planning and zoning boards must hear and decide development applications. According to the law, such applications should be heard and decided by the board on the merits within a specified time. Applicants are entitled to an efficient process and timely decision, which should not be unduly delayed by either the board or the actions of objectors. The statutory penalty for delay is harsh. When a deadline is exceeded, an application is deemed approved by operation of law.

Over the years, courts have been understandably reluctant to enforce default approvals, even when a deadline has clearly been missed. A showing of mistake, inadvertence or other unintentional delay by the board is usually enough to persuade a court not to impose a default approval. Land development applications are best decided on the merits of zoning and planning issues, and communities should not be saddled with unwanted development simply because a planning board missed a deadline.

Some local boards make a universal practice of demanding that applicants waive the time limits. If the applicant refuses, a board may deny the application “without prejudice” and claim that there is no basis for a default approval.