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Development/Zoning Disputes

Jan 28, 2013

Christie Announces Post-Sandy Rebuilding Regulations

“It is absolutely critical that we take this opportunity to rebuild New Jersey smarter and stronger in the aftermath of Sandy. That’s why today I am approving emergency regulations being proposed by the DEP (Department of Environmental Protection) to help fast-track the rebuilding process,” said Gov. Chris Christie yesterday as he signed emergency regulations to adopt the Federal Emergency Management Agency’s (FEMA) updated Advisory Base Flood Elevation maps as the rebuilding standard for the entire state.» Read More

Aug 03, 2012

Waiver Rule Is in Effect as of August 1st

In March of 2012, the New Jersey Department of Environmental Protection adopted a “Waiver Rule” that gives the department flexibility to modify compliance with rules in certain limited circumstances that do not compromise protections for the environment or public health. The process will be transparent, with all applications and actions posted prominently on the DEP’s website.  Requests for waivers will be accepted beginning August 1, 2012.» Read More

Sep 09, 2011

COAH MORATORIUM LAW EXTENDED

Under the new COAH Fee Moratorium Law enacted on August 24, 2011, there is a two-year moratorium on the 2.5% non-residential COAH fee for eligible construction projects beginning July 2011 and ending July 2013; projects which have or receive preliminary or final site plan approval prior to July of 2013 will be exempt from the 2.5% fee, provided they obtain building permits by December 31, 2014; the moratorium is extended back to the end of the last moratorium (July of 2010), allowing for reimbursement of fees paid in the interim (unless fees have already been spent on an affordable housing project).» Read More

Aug 31, 2011

IN THE NEWS: New Jersey Last State to Adopt Sub-Metering for New Construction Multi-Family Properties

New Jersey Business Magazine reports:  The New Jersey Board of Public Utilities recently approved a petition submitted by the New Jersey Apartment Association for approval of water sub-metering in newly constructed multi-family properties. New Jersey is the last state to approve this type of provision.  It allows renters to pay only for their actual usage of utilities, rather than a proportion of usage of all of the households in a building regardless of consumption.  » Read More

Jun 03, 2011

Brownfields Fund Is Shut Down

The State announced Thursday, June 2, 2011, that the Hazardous Discharge Site Remediation Fund (HDSRF), which helps developers and communities clean up brownfields sites, has run out of funds and is being shut down.  Although the HDSRF is supposed to receive constitutionally dedicated funding via the corporate business tax, the Christie Administration proposes to divert any new monies generated by that tax to balance next year’s budget. » Read More

Apr 07, 2011

IN THE NEWS: Property Owner and Developer Split the Difference in Arbitrated Eminent Domain Dispute

The Star-Ledger reports: Arbitrators awarded property owner Steve Adler $24 million for 10 acres of property near the PATH station and the Red Bull Arena soccer stadium.  The developer, Richard Miller of the Hoboken-based Pegasus Group, was helped by the Harrison Redevelopment Agency, which used its power of eminent domain, condemning the property, which would ostensibly allow the developer to acquire the land for less than its actual value.  » Read More

Apr 05, 2011

IN THE NEWS: Hartz Sues EDA Over Panasonic Credits

NJ Biz reports: Secaucus-based real estate developer Hartz Mountain Industries has filed another lawsuit against the New Jersey Economic Development Authority, appealing the agency’s approval of $102 million in Urban Transit Hub tax credits to Panasonic.  The credits would allow Panasonic to relocate from current space in Hartz-owned building for a new building in Newark.

 » Read More

Mar 29, 2011

Brownfields Redevelopment: Boom or Bust in New Jersey?

With more analysts predicting a “double dip” in real estate, the state government needs to offer generous incentives to brownfield redevelopers for their willingness to undertake such risky ventures.  Moreover, a strong brownfields redevelopment policy is consistent with preserving open space and fostering Smart Growth principles. There are certain disincentives currently in place for brownfields redevelopment that need to be addressed by New Jersey legislative officials in order to help revitalize the thousands of brownfield sites that currently plague the state.» Read More

Mar 22, 2011

The New Jersey Supreme Court Requires Municipality to Negotiate With Commercial Tenant Who is Sole Condemnee in Eminent Domain Proceeding

On Wednesday of last week, St. Patrick’s Day, the luck of the Irish was with a commercial tenant who happened to be a defendant in a condemnation action in which the owner’s interest in the property was not being condemned. In Town of Kearny v. Discount City, the New Jersey Supreme Court dismissed a condemnation action filed by the Town of Kearny, because its designated developer, who was also the landlord, failed to engage in bona fide negotiations with the only remaining holdout tenant, even though the lease between the landlord and tenant contained a standard condemnation clause in which it bargained away its right to receive compensation in a taking.» Read More

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