New Jersey Land Use Law

By Henry T. Chou, Esq.

On September 22, 2008, COAH adopted a set of rule amendments affecting affordable housing development. The rule amendments concerning the so-called "third round" compliance period (2004-2018) represent a significant departure from COAH's previous "third round" policies, which allowed municipalities to "pass through" affordable housing obligations directly to builders without providing any real offsetting benefits such as increased densities. The new rule amendments require presumptive minimum densities and/or density bonuses for inclusionary developments (developments containing both market rate housing and lower income housing), with the required densities varying depending upon the applicable State Development and Redevelopment Plan (“State Plan”) planning area designation and other criteria.

Continue reading "COAH Adopts New Rules Changing Affordable Housing Standards and Obligations" »

Posted by Henry T. Chou, Esq. at 03:38 PM | Permalink | Comments (0) | TrackBacks (0)

By order dated October 6, 2008, the Appellate Division has denied a motion by the League of Municipalities to postpone the December 31, 2008 deadline for some 280 towns to file new housing plans with the New Jersey Council on Affordable Housing (COAH). Towns that are subject to this deadline and who fail to file with COAH by that date lose their immunity from exclusionary zoning litigation until they do file. Because these towns have an urgent need to prepare and adopt new housing plans over the next 10 weeks, this is an opportune time for property owners and builders to propose projects that include both residential and mixed use low and moderate income housing. Thomas F. Carroll, III, Esq. and Stephen Eisdorfer, Esq. of Hill Wallack represented the New Jersey Builders Association opposing the application by the League.

Posted by Henry T. Chou, Esq. at 04:50 PM | Permalink | Comments (0) | TrackBacks (0)

By: Henry T. Chou, Esq.

Last month, Governor Corzine approved the Highlands Regional Master Plan ("Highlands Plan") and issued an executive order to facilitate its implementation. The Highlands Plan was adopted by the Highlands Council under the auspices of the Highlands Water Protection and Planning Act, which was intended to limit development in the northwest portion of the state and to ensure protection of the State’s water resources. The Governor’s executive order emphasizes that the need to protect water quality in the Highlands region trumps even the serious affordable housing concerns in New Jersey.

Continue reading "Governor Corzine Determines Highlands Protection Trumps Affordable Housing Needs" »

Posted by Henry T. Chou, Esq. at 05:55 PM | Permalink | Comments (0) | TrackBacks (0)

by: Stephen M. Eisdorfer, Esq.

The decision by the United States Supreme Court in Kelo v. New London triggered a nationwide backlash against what were perceived as abuses of the governmental redevelopment and eminent domain powers. In New Jersey, unlike some other states, this backlash has not resulted in legislative restrictions on redevelopment. None of the four bills currently pending before the Legislature, A-492 (Burzichelli), S-559 (Sweeney), S-757 (Rice), and S-1020 (Weinberg), have yet been reported out of committee in the State Senate. The backlash has, however, generated significant incremental changes by the New Jersey state courts. This article summarizes some of those changes.

Continue reading "Further Developments in the Redevelopment Revolution (and Other Cases of Interest)" »

Posted by Henry T. Chou, Esq. at 05:10 PM | Permalink | Comments (0) | TrackBacks (0)

Published in August 2008 Issue of Builder/Architect Magazine, Greater New Jersey Edition

By Henry T. Chou, Esq.

The New Jersey Department of Environmental Protection (DEP) has adopted amendments to its regulations, scheduled for publication on July 7, 2008, that will reduce the availability of wastewater treatment service and increase the regulation of septic systems. While DEP claims that the rule amendments will improve water quality and protect environmentally sensitive areas, it appears that the only certain consequence of the rule amendments is economic hardship for counties, municipalities, property owners and developers.

Continue reading "DEP's New Water Quality Management Rules Impose Restrictive Standards on Public Sewer and Septic Service for New Development" »

Posted by Henry T. Chou, Esq. at 04:18 PM | Permalink | Comments (0) | TrackBacks (0)

By: Thomas F. Carroll, III, Esq.

The New Jersey Legislature has had a busy year passing laws of interest to the real estate development industries. The first such bill is the “Roberts bill” (also known as A-500), now signed into law by Governor Jon Corzine. The Roberts bill makes a number of important changes affecting lower income housing obligations as applied to residential and nonresidential developers and builders.

The second significant bill is the Permit Extension Act. That bill has been passed by both houses of the Legislature but, as of this writing, has not yet been signed into law by Governor Corzine. Assuming it is signed into law as expected, the Permit Extension Act will extend many permits and approvals for the period of time specified in the legislation. A summary of these important legislative developments follows.

Continue reading "Legislative Update: “Roberts Bill” Changes Affordable Housing Landscape; Permit Extension Act also Passed by Legislature" »

Posted by Henry T. Chou, Esq. at 05:15 PM | Permalink | Comments (0) | TrackBacks (0)

Published in August 6, 2008 Issue of New Jersey Builders Association Dimensions Newsletter

By: Henry T. Chou, Esq.

On June 16, 2008, the New Jersey Department of Environmental Protection (DEP) published adopted rules that reclassify 686 miles of waterways in the State to “Category One” status. The rules affect portions (or all) of more than 15 major rivers, reservoirs and their streams and tributaries throughout 14 counties.

Continue reading "DEP Adopts New Restrictions on Development Near Waterways" »

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Filling an important gap in public information, Hill Wallack LLP has calculated the fair share obligation for each town in New Jersey established by the so-called “third round” regulations adopted by the New Jersey Council on Affordable Housing (COAH) on May 6, 2008.

Continue reading "COAH Third Round: Hill Wallack LLP Calculates Fair Share Housing Obligations for New Jersey Towns under Regulations Adopted May 6, 2008, and under Possible Changes in Housing Obligations Pursuant to COAH’s Proposed Amendments" »

Posted by Henry T. Chou, Esq. at 11:03 AM | Permalink | Comments (0) | TrackBacks (0)

By Thomas F. Carroll, III, Esq., Stephen M. Eisdorfer, Esq.

On May 6, 2008, the New Jersey Council on Affordable Housing (COAH) made yet another stab at adopting “third round” regulations. In essence, COAH adopted the rules it had proposed in December, 2007 while simultaneously proposing a 74-page set of comprehensive amendments to those adopted rules. Members of the public may submit comments on the newly proposed amendments by August 15, 2008, and COAH could adopt those amendments in September 2008. COAH has also indicated that it may propose yet further amendments at that time.

Continue reading "COAH Adopts “Third Round” Rules; Proposes More Amendments" »

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By Henry T. Chou, Esq., and Donald R. Daines, Esq.

In an ideal world a homebuilder turns land into homes and sells them as soon as possible because undeveloped land cannot be monetized. Additionally, the cost of carry, including real estate taxes, financing costs and completion guarantees, provides strong incentives for builders to keep building. The stronger sales are the more land builders seek to acquire. In this context, the real estate market compels builders to respond swiftly to consumer preferences.

Today’s depressed real estate market is far from ideal, and it presents builders and developers with some daunting challenges. For example, the weak market conditions result in the possibility that approvals and permits may lapse with the passage of time. This article addresses the steps builders may take to preserve and extend approvals for desirable housing products until the market rebounds.

Continue reading "Legal Strategies for Coping With Current Market Conditions" »

Posted by Henry T. Chou, Esq. at 05:22 PM | Permalink | Comments (0) | TrackBacks (0)

By: Thomas F. Carroll, III

The State of New Jersey has unveiled some rather ambitious housing proposals. For example, Governor Corzine has pledged to provide for 100,000 affordable housing units. Similarly, the Council on Affordable Housing (COAH) has proposed a new set of “third round” regulations, which also propose substantial numbers of affordable housing units along with the market rate housing units, and nonresidential development, that would accompany such lower income housing construction. The State also has ambitious dreams concerning the redevelopment of our depressed urban areas.

Continue reading "State Proposes Both New Growth and New Batch of Anti-Growth Regulations" »

Posted by Henry T. Chou, Esq. at 05:28 PM | Permalink | Comments (0) | TrackBacks (0)

By Ryan P. Kennedy, Esq. and Stephen M. Eisdorfer, Esq.

On February 25, 2008, the New Jersey courts turned off the game clock for property owners who seek to challenge local government decisions declaring their property to be “in need of redevelopment” (formerly referred to as “blighted”). Specifically, the Appellate Division of the New Jersey Superior Court held that the redevelopment statute that only requires towns to publish notice of declarations of blight in local newspapers, not to give individual written notice to affected property owners, violates constitutional guarantees of due process of law. The court ruled that the 45-day limitation for challenges to local declarations of blight does not apply to property owners who did not receive individual written notice. Those property owners may lawfully challenge the declaration of blight at any time, even after the condemnation proceedings have been filed.

Continue reading "The Courts Turn Off the Game Clock for Legal Challenges to Redevelopment" »

Posted by Henry T. Chou, Esq. at 05:34 PM | Permalink | Comments (0) | TrackBacks (0)