Developers who bring builder’s remedy lawsuits under New Jersey’s Mount Laurel doctrine often cite the so-called “time of filing” rule. The contention is that in determining whether a municipality is compliant with its affordable housing obligations, the court must base its decision on the zoning ordinances in effect at the time the developer initially filed […]
In a setback to plans by the South Jersey Gas Company (SJG) to construct a natural gas pipeline through the Pinelands, the Appellate Division of Superior Court rejected a decision by the Executive Director of the Pinelands Commission that would have permitted construction of the pipeline without review by the full Commission. Because the proposed […]
Scattered throughout rural New Jersey are signs that say “Preserved Farmland – Private Land, Public Legacy.” A preserved farm is land that remains under private ownership, but is subject to an easement restricting the property to agricultural use, typically in perpetuity. A common means of preserving farmland is through New Jersey’s Agriculture Retention and Development […]
Yesterday, the New Jersey State Senate voted to extend the Permit Extension Act in the 9 Sandy-affected counties for another year until December 31, 2016 (many approvals will be extended until June 30, 2017). The Governed signed this Legislation late last evening.
Following contentious hearings before the Middletown Township Planning Board and subsequent litigation, Superior Court Judge Paul A. Kapalko upheld the Planning Board’s decision to approve construction of Trinity Hall School off Chapel Hill Road in Middletown Township. Rejecting arguments made by several neighboring property owners, the Court ruled that Trinity Hall had presented “more than […]
UPDATE 1/8/16: Yesterday a bill was voted out of the New Jersey Senate Environment Committee which would authorize DEP to require on or off-site public access as a condition of coastal permits.
Economists and financial consultants have projected an improving and stronger real estate market in 2014 through 2015 based on various factors including increased new home construction activity. With a recovering economy and improving market conditions, increased land transaction activity should follow suit. It is critical to ensure that development approvals remain valid in connection with […]
In the wake of Superstorm Sandy, the Federal Emergency Management Agency has issued advisory base flood elevation maps for 10 New Jersey counties: Atlantic, Bergen, Burlington, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union. While labeled “advisory” these new flood zone maps are intended to more accurately reflect the true 100 year flood elevations […]
On September 21, 2012, Governor Christie signed legislation passed by the Senate and Assembly in June 2012 extending the Permit Extension Act (“PEA”). Under the prior version of the PEA, qualifying approvals in effect as of January 1, 2007 were set to lapse the end of this calendar year or within a six month period […]
On August 1, 2012, DEP began implementing the long-anticipated “waiver rule,” which allows DEP to relax or waive strict compliance with its regulations in four narrowly circumscribed situations… To read more, visit the full article at http://www.ghclaw.com/news/2012_Schneider_DEP_Waiver_Updatekeep looking »