Governor Announces Tax Incentives Plan Including New Brownfields Program
Co-Authored by Carmella M. Gubbiotti On June 6, 2019, Governor Murphy announced a plan to revamp New Jersey’s economic development tax incentives programs, including proposed legislation to establish new incentive programs to incentivize certain redevelopment and other economic activities. The proposed bill would establish five new incentive programs: The New Jersey Aspire Program, which would […]
Public Trust Doctrine: Implications of New Public Access Law for Beachfront and Other Tidal Land Owners
Summer is around the corner and beach access issues are once again in the news. Senate Bill 1074, an “Act Concerning Public Access to Certain Public Trust Land”, was signed into law by the Governor on May 3, 2019. The law is also being referred to as the public trust doctrine/public access law. Whether the […]
DEP Launches Online Land Use Permit Application System
The New Jersey Department of Environmental Protection unveiled a new system today that will allow applicants to submit land use permits online. The first iteration of the system, referred to as “E-Submissions” will be incorporated into DEP’s existing permit portal. Enhancements to DEP’s Data Miner are planned for later in the year. While applicants will […]
NJDEP Establishes New Groundwater Standards
The NJDEP recently recommended establishing specific ground water quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). New Jersey is the first state to set drinking water standards for these chemicals. PFOA and PFOS are frequently used in commercial applications but have also been widely reported to cause health problems. Maximum contaminant levels of […]
Submit All Required Forms and Documents Required by Municipal Ordinance for Your Application to Trigger the Time of Application Rule
On June 20, 2018, the Supreme Court of New Jersey affirmed the Appellate Division decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township, which analyzes the “time of application” rule and reiterates that developers must submit all forms and all documents required by municipal ordinance in order to trigger the “time […]
COURT REJECTS AUTOMATIC APPLICATION OF “TIME OF FILING” RULE IN BUILDER’S REMEDY LITIGATION
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 […]
APPELLATE DIVISION SENDS PIPELINE CASE BACK TO PINELANDS COMMISSION FOR FURTHER REVIEW
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 […]
COURT DOES ABOUT-FACE, SIDES WITH LANDOWNER IN PRESERVED FARM DISPUTE
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 […]
Permit Extension Act Signed by Governor
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.
GHC Lawyers Prevail In Trinity Hall Middletown School Dispute
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 […]
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