PACT Flood Hazard & Stormwater Management Rules Update
Updating our prior alerts regarding the previously published Flood Hazard and Stormwater Protection Against Climate Threats rule proposal, NJDEP has filed the rule for publication of adoption. With this action, it is anticipated that the notice of adoption will be published in either the July 3 or July 17 New Jersey Register, and the amended rules will […]
Governor Murphy Signs Permit Extension Act of 2020
On July 1, 2020, Governor Murphy signed the Permit Extension Act of 2020 (“PEA”) into law. The PEA extends certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period.” The Extension Period begins on March 9, 2020 and continues until the end of the COVID-19 public health emergency. The PEA also […]
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 […]
Appellate Division Reaffirms Position that Pinelands Protection Act Supersedes the Municipal Land Use Law
In a recent unpublished decision, Peg Leg Webb, LLC v. New Jersey Pinelands Commission, A-4016-15T4 (Unpub. App. Div. October 11, 2017), a panel of the Superior Court of New Jersey, Appellate Division, reaffirmed that the Pinelands Protection Act (Act), as well as any regulations or authorities promulgated thereto, supersede any authority vested under the municipalities […]
Appeals Court Questions Municipal Ordinances On Abandonment Of Nonconforming Use
Under New Jersey’s Municipal Land Use Law (MLUL), any nonconforming use or structure lawfully existing at the time of the passage of an ordinance making the use or structure nonconforming − sometimes called a prior nonconforming use − may be continued indefinitely. However, this right is lost if the use or structure is abandoned. Abandonment […]
Town Need Not Address Master Plan Change
A New Jersey appeals court has ruled that a municipality is not required to respond to a proposed zoning change recommended by the town’s planning board in a master plan reexamination report. Under New Jersey’s Municipal Land Use Law (MLUL), municipal planning boards are responsible for preparing master plans and reexamining those master plans at […]
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