New Jersey Land Use and Environmental Law

By: Henry T. Chou, Esq.

In response to Governor Christie's Executive Order No 2, which directs state agencies to implement reforms furthering common sense principles, the New Jersey Department of Environmental Protection (NJDEP) has adopted a new rule that gives NJDEP the flexibility to modify compliance with rules in certain circumstances that do not compromise protections to the environment and public health. Requests for waivers will be accepted beginning on August 1, 2012.

Continue reading "NJDEP Adopts New "Common Sense" Waiver Rule" »

Posted by Henry T. Chou, Esq. at 06:01 PM | Permalink | Comments (0) | TrackBacks (0)

By: Henry T. Chou, Esq.

On June 16, 2011, the Law Division of the Superior Court issued a decision in Estaugh Commons v. Haddonfield Borough Zoning Board of Adjustment 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 an inclusionary development proposed by a private developer should have been considered an “inherently beneficial use” by the Zoning Board of Adjustment when evaluating the developer’s use variance application.

Continue reading "Court Holds Inclusionary Development Qualifies as "Inherently Beneficial Use" in Use Variance Applications" »

Posted by Henry T. Chou, Esq. at 01:30 PM | Permalink | Comments (0) | TrackBacks (0)

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" »

Posted by Henry T. Chou, Esq. at 03:12 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Continue reading "Appellate Division Holds Planning Boards Cannot Condition Approval on Variance or Rezoning" »

Posted by Henry T. Chou, Esq. at 09:04 PM | Permalink | Comments (0) | TrackBacks (0)

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" »

Posted by Henry T. Chou, Esq. at 01:49 PM | Permalink | Comments (0) | TrackBacks (0)

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.

Continue reading "Appellate Division Holds Affordable Housing Qualifies as "Inherently Beneficial Use" in Use Variance Applications" »

Posted by Henry T. Chou, Esq. at 01:21 PM | Permalink | Comments (0) | TrackBacks (0)

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" »

Posted by Henry T. Chou, Esq. at 01:40 PM | Permalink | Comments (0) | TrackBacks (0)