January 1, 1900

by Thomas F. Carroll, III

No one is singing “Happy Days Are Here Again” yet. The economy is still struggling, and the real estate development industry in particular still faces very challenging economic conditions.

But the New Jersey Legislature has begun to realize that some legislative relief is required if our economy is to recover. Those advocating pro-growth policies are being heard more clearly in Trenton, and those displaying knee-jerk opposition to growth are finding it more diffi cult to carry out their agendas.

A sterling example is provided by the Permit Extension Act, which was signed into law this past fall. That legislation explicitly recognizes that the current state of economic affairs justifies an extension of permits and approvals obtained for countless developments throughout New Jersey. We provide in this issue an article summarizing that legislation, as well as an analysis of the permits and approvals to which the legislation does, and does not, apply.

The Legislature has also been busy with other legislation designed to boost economic development, such as a bill that would allow for the easier conversion of age-restricted developments to those that can be marketed to families (also discussed in this issue), and legislation granting more autonomy to licensed site professionals, thereby making permitting more efficient. Those bills have not been signed into law as of this writing, but the legislative trend is clearly positive. Indeed, the New Jersey Legislature and the United States Congress have moved to provide relief to cost-burdened homeowners so that the troubling deluge of foreclosures can be mitigated.

Our New Jersey Supreme Court has also provided some relief in the past year, particularly with respect to a case, discussed in this issue, that invalidated a downzoning as “inverse spot zoning.” That opinion will be most helpful in the future when resisting arbitrary downzonings that are not supported by sound planning.

In the regulatory realm, a new day dawns at the Council on Affordable Housing, which is now processing hundreds of “third round” fair share plans that will provide increased densities and development opportunities. We discuss those opportunities in this issue as well.

To be sure, not all legislative and regulatory news in New Jersey for the development industry has been good. It never is. Each passing year brings more oppressive land use regulations that temper the positive news we can report. We nevertheless strive in this, the ABC Special Edition of our firm’s Quarterly, to present the highlights of where matters currently stand from a legal perspective—the good, the bad, and the ugly—so that our readers are fully informed of the legal trends we see.

We hope you find this issue informative and useful, and we look forward to receiving your comments and inquiries.

Thomas F. Carroll, III, is partner-incharge of the Land Use Division of Hill Wallack LLP and Land Use Counsel to the New Jersey Builders Association. He also serves on the NJBA’s Land Use and Planning Committee and its Legislative Affairs Committee, as well as its Affordable Housing Task Force. A past-Chair and Member of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section, he concentrates his practice in the development application process and the litigation required in the course of land development.