New Jersey Statutes
N.J. Stat. § 40:55D-90 (2026)
Moratoriums; interim zoning
✓ current as of May 2026
Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.
b. No moratoria on applications for development or interim zoning ordinances shall be permitted except in cases where the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and in no case shall the moratorium or interim ordinance exceed a six-month term.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2024 · leading case: 388 Route 22 Readington Realty Holdings, LLC v. Twp. of Readington (l-0751-10, Hunterdon Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).
388 Route 22 Readington Realty Holdings, LLC v. Twp. of Readington (l-0751-10, Hunterdon Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “The February 2, 2017 order was based on the trial court's conclusion that the Township Defendants violated plaintiff's substantive right to develop its property free from an illegal development moratorium in violation of N.J.S.A. 40:55D-90(b). After granting reconsideration, the…”
Augusta Holdings, LLC Vs. Twp. of Lakewood (l-0071-18 & L-0147-18, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “A-3228-18 4 Augusta, which seeks to develop the golf course property with non-age restricted housing, alleged Section 30 creates an illegal building moratorium under N.J.S.A. 40:55D-90(b), a provision of the MLUL, because it is an interim zoning ordinance with an indefinite…”
388 Route 22 Readington Realty Holdings, LLC v. Twp. of Readington (N.J. Super. Ct. App. Div. 2024). “Plaintiff alleged several claims, including that Readington was maintaining an illegal de facto moratorium on development by refusing to recapture unused sewer capacity A-1848-21 5 from property owners who not using allocated capacity in violation of N.J.S.A. 40:55D-90(b). The…”
— N.J. Stat. § 40:55D-90(b) — 3 cases
388 Route 22 Readington Realty Holdings, LLC v. Twp. of Readington (l-0751-10, Hunterdon Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “The February 2, 2017 order was based on the trial court's conclusion that the Township Defendants violated plaintiff's substantive right to develop its property free from an illegal development moratorium in violation of N.J.S.A. 40:55D-90(b). After granting reconsideration, the…”
Augusta Holdings, LLC Vs. Twp. of Lakewood (l-0071-18 & L-0147-18, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “A-3228-18 4 Augusta, which seeks to develop the golf course property with non-age restricted housing, alleged Section 30 creates an illegal building moratorium under N.J.S.A. 40:55D-90(b), a provision of the MLUL, because it is an interim zoning ordinance with an indefinite…”
388 Route 22 Readington Realty Holdings, LLC v. Twp. of Readington (N.J. Super. Ct. App. Div. 2024). “Plaintiff alleged several claims, including that Readington was maintaining an illegal de facto moratorium on development by refusing to recapture unused sewer capacity A-1848-21 5 from property owners who not using allocated capacity in violation of N.J.S.A. 40:55D-90(b). The…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.