By: Michael J. Lipari, Esq.
In an effort to provide certainty to development projects in the urban and more developed areas of the State, legislation has been adopted that extends general development plan (GDP) protection to large development projects situated on smaller sites.
Continue reading "New “Vertical GDP” Law Provides Options to Developers" »
By: Michael J. Lipari, Esq.
In a decision just issued by the Appellate Division, the court held that if a trial court hearing a challenge to a planning board decision perceives a substantial question concerning the validity of the zoning ordinance under which the approval was sought, the court should join the governing body to the action and determine the validity of the zoning ordinance prior to hearing the merits of the board’s decision. (See Jackson Holdings, Inc. v. Jackson Township Planning Board.)
Continue reading "Challenges to Planning Board Decisions Get More Complex" »
By: Henry T. Chou, Esq.
*Update: Both Houses of the Legislature have now passed this bill, which will become law if and when Governor Christie signs it.*
Committees of both houses of the New Jersey Legislature have now approved a proposed bill that would change New Jersey's longstanding "time of decision" rule, and the full Legislature is now poised to vote on the measure. On March 4, 2010, the Assembly Housing and Local Government Committee referred A-437 to the full Assembly. One month prior, on February 4, 2010, the Senate Community and Urban Affairs Committee referred its identical version of the bill, S-82, to the full Senate.
Continue reading "Legislature Primed to Nullify "Time of Decision" Rule" »
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.
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.
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 Michael J. Lipari, Esq.
In a case styled Price v. Strategic Capital Partners, LLC, et al., approved for publication on December 16, 2008, the Appellate Division upheld a trial court determination that a zoning ordinance violates the Municipal Land Use Law if it prohibits a zoning board from hearing an application for use variance. The Court also stated that a density variance allowing a project with three-times the permitted density was closer to a change in zoning than it was to a variance.