This blog, maintained by Henry Chou, a partner in the land use practice group of Hill Wallack LLP, with assistance from his colleague, Michael Lipari, provides a clearinghouse of information and forum for open discussion of laws, regulations, court decisions and government policies and affairs that impact the use of land in New Jersey. It examines new trends affecting zoning and planning standards, affordable housing requirements, environmental regulations, eminent domain and redevelopment of property throughout the Garden State. Readers are welcome to post their opinions in the comment section of each topic.
By Henry T. Chou, Esq.
Last week, State Senators Ray Lesniak (D-Union) and Kip Bateman (R-Somerset) introduced a bipartisan bill that proposes to abolish the New Jersey Council on Affordable Housing (COAH), and place all State authority over affordable housing issues within the jurisdiction of the State Planning Commission.
Continue reading "Legislators Introduce Bill to Abolish COAH" »
By: Henry T. Chou, Esq.
Governor Christie has nominated Lori Grifa as the next Commissioner of the Department of Community Affairs (DCA). Grifa, a resident of Montclair, is currently a partner in the government and regulatory affairs group at Wolff Samson, and was previously a prosecutor in New York and Chief of Staff to former New Jersey Attorney General David Samson. Ms. Grifa is subject to confirmation by the New Jersey Senate.
Continue reading "Christie Nominates New DCA Commissioner" »
By Michael J. Lipari, Esq.
In his last full day in office, ex-Governor Jon Corzine signed legislative bill A-4347 that extends all permits and approvals that were subject to the Permit Extension Act of 2008 (“PEA”) through 2012. Corzine did not sign legislative bill A-4345 that would have extended the requirement of wastewater management planning agencies to establish or update wastewater management plans, and extended validity of sewer service areas and wastewater service areas, until April 7, 2011.
By: Henry T. Chou, Esq.
Governor-Elect Chris Christie has selected Bob Martin, a retired utility consultant, as the next Commissioner of the New Jersey Department of Environmental Protection (DEP). Martin, formerly of the consulting firm Accenture LLP, served as Christie's energy and environmental policy advisor during last year's gubernatorial campaign.
By Michael J. Lipari, Esq.
The Legislature adopted A-4345 that extends the requirement of wastewater management planning agencies to establish or update wastewater management plans, and extends validity of sewer service areas and wastewater service areas, until April 7, 2011. The bill just needs the endorsement of the Governor to become law.
Continue reading "Bill to Delay Adoption of Wastewater Management Plan Awaits Governor’s Approval" »
By Michael J. Lipari, Esq.
As the economic recession continues, the New Jersey Legislature took another proactive and necessary measure to aid builders and developers struggling to save approvals for jobs that are not currently able to proceed. On January 11, 2010, both houses passed legislative bill A-4347 that extends certain permits and approvals that were subject to the Permit Extension Act of 2008 (“PEA”) through 2012.
Continue reading "Legislature Adopts Bill to extend the “Permit Extension Act of 2008”" »
By Henry T. Chou, Esq.
I'm just about ready for the New Jersey Builders Association's first-ever "Virtual Green" Convention. The Convention is completely virtual, held between January 12 and 14 at a digital convention center hosted by Digitell, Inc. Along with the other attendees, exhibitors and presenters, I'll be attending via my avatar, which is not as awesome as the avatars in the big-screen movie, but does sport its own set of custom duds.
Continue reading "Getting Ready for NJBA's "Virtual Green" Convention" »
By: Henry T. Chou, Esq.
Applying the principles recently ennunciated by the New Jersey Supreme Court in Toll Brothers, Inc. v. Board of Chosen Freeholders of Burlington County, the Appellate Division has determined that the terms of a developer's agreement did not bar a developer from requesting an extension of time to finish the construction of improvements associated with a development project in South Brunswick.
Continue reading "Court Reiterates Effect of Developer's Agreements" »
By: Henry T. Chou, Esq.
The New Jersey Supreme Court has agreed to consider arguments that the Appellate Division improperly imposed new, subjective notice requirements on developers applying for local land use approvals. On November 13, 2009, the Court granted the petitions for certification filed by a developer, American Properties, and the Ewing Township Planning Board, seeking to challenge the Appellate Division's decision in GF Properties v. Ewing Township Planning Board.
By Henry T. Chou, Esq.
On December 30, 2009, the Sierra Club petitioned the United States Environmental Protection Agency (USEPA) to halt New Jersey's implementation of the Licensed Site Remediation Program, which would shift regulatory oversight of contaminated sites from the New Jersey Department of Environmental Protection (NJDEP) to private engineers licensed by a State Board.
By Henry T. Chou, Esq.
Reaching way back in time to void a site plan approval granted by the Independence Township Planning Board in 1989, the Appellate Division held that municipal land use boards lack jurisdiction to condition approvals for non-permitted uses upon future rezonings or use variances.
By: Henry T. Chou, Esq.
The Appellate Division has determined that the provision of the Pinelands Protection Act requiring Pinelands Commission approval of municipal ordinances is a substantive review procedure that renders an unapproved ordinance invalid as a matter of law.
By: Henry T. Chou, Esq.
On November 10, 2009, the Supreme Court granted certification in the matter of Klumpp v. Borough of Avalon, in order to consider the issue of whether owners of beachfront property lost ownership of their land by virtue of a municipality's claim in 2005 that it acquired the property by inverse condemnation forty-three years ago in 1962.
By: Henry T. Chou, Esq.
In a move that went largely unnoticed, the New Jersey Department of Environmental Protection (NJDEP) has adopted new wetlands mitigation rules that impose onerous and costly mitigation requirements for minor wetlands disturbances.
By: Henry T. Chou, Esq.
For the past two years, a coalition of developers and business groups called the Smart Growth Economic Development Coalition has sought to effect significant changes in land use use and environmental regulatory laws aimed at keeping businesses in New Jersey and attacting new business. It now hopes to push through some of its legislation in the lame duck Legislative session after the gubernatorial election in November.
Continue reading "Development Coalition Seeks Overhaul of Land Use and Environmental Procedures" »
By: Henry T. Chou, Esq.
Lawmakers have reacted swifty to the Appellate Division's recent decision that affordable housing must be accorded "inherently beneficial" status when proposed in use variance applications, even if a town has already otherwise met all affordable housing obligations assigned by the Council on Affordable Housing (COAH).
Continue reading "Legislators to Introduce Bill Overriding Court Decision on Affordable Housing" »
By: Henry T. Chou, Esq.
On August 24, 2009, the Appellate Division issued a decision in Homes of Hope v. Eastampton Land Use Planning Board that makes it harder for municipal land use boards to deny use variance applications by developers seeking to build affordable housing. At issue in the lawsuit was whether a 100% affordable housing project proposed by a non-profit developer should have been considered an “inherently beneficial use” by the Eastampton Land Use Board when evaluating the developer’s use variance application.
By: Henry T. Chou, Esq.
On August 12, 2009, the New Jersey Council on Affordable Housing (COAH) granted a six-month extension for fitfy-one towns in the Highlands region to file their affordable housing plans with COAH. The resolution extends the previous deadline of December 8, 2009 to June 8, 2010, which gives Highlands towns additional time to formulate their affordable housing plans based upon "build-out" analyses prepared by the New Jersey Highlands Council.
Continue reading "Highlands Towns Get Six Month Extension to File COAH Plans" »
By: Henry T. Chou, Esq.
On August 3, 2009, Governor Corzine signed Executive Order #148, “freezing state approvals for development projects in any city or town where a mayor has been charged with public corruption but refuses to step down.” See http://www.state.nj.us/infobank/circular/eojsc148.htm.
By: Henry T. Chou, Esq.
On July 27, 2009, Governor Corzine signed into law an economic stimulus bill (A-4048/S-2299) aimed at reinvigorating the real estate development industry through innovative tax incentives and fee moratoriums, among other measures.
By: Henry T. Chou, Esq.
DCA Commissioner and COAH Chairman Joseph Doria resigned on July 23, 2009 after the FBI raided his home in Bayonne and his office in Trenton in connection with an ongoing corruption probe.
Continue reading "COAH Chairman Joseph Doria Resigns Amidst Corruption Probe" »
By: Henry T. Chou, Esq.
On July 16, 2009, the Highlands Water Protection and Planning Council (Highlands Council) released its "buildout analysis" for 17 municipalities located in the Highlands "Planning Area." While the Highlands Act had designated the Planning Area as a "growth" region, the actual buildout analysis paints a far different picture for the 17 municipalities in Warren and Hunterdon County, including Allamuchy, Pohatcong, Bloomsbury, Califon, Glen Gardner, Milford, Clinton and Tewksbury Township.
Continue reading "Highlands Council Releases Buildout Analysis for 17 Towns in Planning Area" »
By: Henry T. Chou, Esq.
On July 2, 2009, Governor Corzine signed into law a bill (S2577) that allows builders to apply to local planning boards to convert age-restricted (55+) residential developments to non-age restricted developments that would be open to persons of all ages.
Continue reading "Governor Corzine Signs Bill to Allow Conversion of 55+ Housing" »
By: Henry T. Chou, Esq.
In response to the State's recession woes, the Legislature has passed an omnibus economic stimulus bill (A-4048/S-2299) aimed at reinvigorating the real estate development industry through innovative tax incentives and fee moratoriums, among other measures.
By: Henry T. Chou, Esq.
In a unanimous decision styled New Jersey Shore Builders Association v. Jackson Township, the Supreme Court has affirmed the Appellate Division’s ruling that municipalities cannot require builders to set aside open space and recreation facilities or make monetary “in lieu” payments as a condition of receiving development approval under the Municipal Land Use Law (MLUL).
Continue reading "Supreme Court Ends Municipal Practice of Exacting Open Space From Homebuilders" »
By: Henry T. Chou, Esq.
After 18 months of negotiations, Senator Ronald Rice (D-Essex) and Assemblyman John Burzichelli (D-Gloucester) have introduced a compromise bill that proposes to maintain the government's ability to condemn property for redevelopment, while attempting to reign in past practices that have been deemed abusive.
Continue reading "Legislators Introduce New Eminent Domain Bill" »
By: Henry T. Chou, Esq.
Last summer, the New Jersey Department of Environmental Protection (NJDEP) changed its rules to reassign the responsibility of mapping public sewer service areas from local agencies to county governments. The new rules require counties to promptly approve and submit county-wide wastewater management plans (WMPs) - the plans that govern which properties may be serviced by public sewer - although NJDEP has indicated that it may grant extensions for certain counties.
Continue reading "What’s the Big Stink With DEP’s New Sewer Rules?" »
By Michael J. Lipari, Esq.
As developers and building professionals are aware, a request for a height variance can be granted by the planning board in certain circumstances and the zoning board of adjustment in others. One developer recently found out that a difference of one inch in the requested relief from the height limitation ordinance was enough to invalidate the entire approval and force the developer to start over in front the appropriate board.
Continue reading "An Inch Can Go a Long Way, Sometimes All the Way Back to the Drawing Board" »
By: Henry T. Chou, Esq.
In a highly anticipated move, Governor Corzine signed the "Licensed Site Remediation Professional" (LSRP) bill into law this morning. The legislation - based on a successful model developed by the State of Massachusetts - creates a 13-member board comprised of public and private representatives that licenses professionals to oversee site cleanups that are currently under the jurisdiction of New Jersey Department of Environmental Protection (NJDEP).
By: Henry T. Chou, Esq.
Apparently bowing to the pressure of mayors throughout the State, Governor Corzine has conditionally vetoed legislation that would have allowed builders to convert age-restricted (55+) residential developments to non-age restricted developments that would be open to persons of all ages.
Continue reading "Governor Corzine Conditionally Vetoes Housing Bill" »
By: Henry T. Chou, Esq.
Over a month ago, both Houses of the New Jersey Legislature passed a bill (A3772/S2577) that would allow certain approvals for age-restricted (55+) developments to be converted to approvals for non-age restricted developments, provided the builder meets certain conditions and agrees to provide a percentage of affordable housing as part of the development.
Continue reading "Possibility of school-age children (gasp!) threatens housing bill" »
By: Henry T. Chou, Esq.
Last week, the New Jersey Council on Affordable Housing (COAH) finally began granting substantive certification to municipalities for the "third round" compliance period concerning affordable housing obligations from 2008 to 2018. Substantive certification is COAH's determination that housing plans created by municipalities adequately address the need for affordable housing in those communities.
By: Henry T. Chou, Esq.
The State's goal of transitioning the public's reliance on fossil fuels to renewable energy sources came one step closer to reality when Governor Corzine signed Bill A1558/S2265 into law on March 31, 2009. The bill requires developers of 25 or more homes to offer new home buyers the option of installing solar panel systems. It also requires the Board of Public Utilities to adopt minimum standards of efficiency for solar panel systems installed by developers.
Continue reading "Governor Corzine Signs Bill to Encourage Solar Panel Use" »
By: Henry T. Chou, Esq.
In response to the massive backlog of contaminated sites in need of remediation, the New Jersey Legislature has passed a bill that would grant private consultants and engineers the authority oversee site cleanups in place of the New Jersey Department of Environmental Protection (NJDEP).
By: Henry T. Chou, Esq.
As you drive by the industrial warehouse district in your town, imagine for a minute that the large, drab buildings have been replaced with solar panel fields and windmills. As improbable as that may sound, the New Jersey Legislature has envisioned such a result for the State's suburban and urban areas.
By: Henry T. Chou, Esq.
On March 16, 2009, the New Jersey Senate approved an 18-month temporary moratorium on payments of affordable housing development fees made by commercial and industrial developers to municipalities. The fee - 2.5% of the equalized assessed value of non-residential development projects - was authorized as part of the "Roberts Bill" adopted in the summer of 2008. However, the dramtic economic downturn in late 2008 prompted the Governor to propose a temporary moratorium against such fees until the end of 2009.
By: Henry T. Chou, Esq.
On March 16, 2009, the New Jersey Assembly and Senate adopted a bill (A3772/S2577) that would allow certain approvals for age-restricted (55+) developments to be converted to approvals for non-age restricted developments. The bill would allow developers who have obtained approvals for age-restricted projects to apply to planning boards to remove the age-restriction, provided that the developer is not holding any deposits for the sale of age-restricted homes or has not already conveyed any such units.
By: Henry T. Chou, Esq.
In today’s depressed real estate market, certain products that were attractive as little as two years ago are no longer in demand. In most circumstances, economically rational builders who have approvals or zoning for such products cannot carry their undeveloped land indefinitely while hoping that the demand will improve some years down the line. In today’s climate of frequent regulatory changes, economic realities require builders to explore alternative strategies for turning a profit on their properties.
By: Henry T. Chou, Esq.
Earlier this month, the the Third Circuit Court of Appeals ruled that Toll Brothers, which held an option to purchase real estate in Readington Township, had standing to challenge the Township's rezoning of the property, even though Toll Brothers did not fall into the typical categories of parties with standing.
Continue reading "Third Circuit Holds That Option Purchaser Has Standing to Challenge Ordinance" »
The information on this website is not intended, and should not be used, as a substitute for consultation with legal counsel. Any questions regarding specific legal issues and legal counseling should be directed to info@hillwallack.com. Additional information about the content of this website should be directed to Henry T. Chou at (609) 734-4447 or by email: htc@hillwallack.com.