Failure To Record A Wetlands Conversation Restriction Comes Back To Haunt Years Later

Freshwater wetlands permits often involve a Transition Area Waiver Averaging Plan (“TAW”).  A TAW gives the developer the flexibility to modify what otherwise would be the required shape of a transition area without reducing its total square footage.  That flexibility makes TAWs an important tool for developers to maximize the development footprint on an environmentally […]

Permit Transfer Approval – Don’t Close Without It!

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 […]

Toms River Wal-Mart Hits A Snag

In two cases decided by the Appellate Division last week, the Toms River/Manchester Township Wal-Mart suffered a setback.  In an unpublished decision, the Appellate Division determined that the Planning Board approval in Manchester Township was invalid since shopping centers were not a permitted use in the applicable zone when the approval was granted.  In the […]