Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Tag Archives: Board of Adjustment

Legislature Contemplates Extension of Moratorium on Statewide Non-Residential Development Fee

Posted in Development/Redevelopment
At the end of last week, the New Jersey State Senate ("Senate") introduced Bill S3116 that proposes to continue the moratorium on the statewide non-residential development fee (the "Fee") that expired on July 1, 2013. Since July 1, 2013, developers and land use attorneys have been in a state of flux with regard to whether the fee applies to development projects. If passed, this legislation would extend the moratorium to December 31, … Continue Reading

“From Ink to Occupancy” Real Estate Program at Gibbons P.C. Armed Attendees with Fundamentals & Information on the Latest Trends

Posted in Development/Redevelopment, Transactional Real Estate & Leasing
"From Ink to Occupancy, A Game Plan for a Successful Real Estate Project," the latest installation of the Gibbons Women's Initiative Seminar Series, was held earlier last week and attracted a great crowd, including real estate professionals and in-house counsel. Nancy A. Lottinville, Jennifer M. Porter and Ivette P. Alvarado guided attendees through the nuts and bolts of a commercial real estate contract, due diligence and the land use approvals process, with a focus on New Jersey and New York. A portion of the program was also dedicated to the current "Hot Topics" of real estate in New Jersey and New York, including FEMA's Advisory Base Flood Elevations and cross-access easement issues. Thanks to various requests from attendees for more information, the RPE Law Alert will be posting blogs over the course of the next few weeks expanding on the topics covered during the program. Watch for the next installation: "Properly Identifying the Property in the Contract: Are You Sure You Know What You're Getting?"… Continue Reading

The Extension of the Permit Extension Act is on the Move, To Be Reviewed Today By Assembly Appropriations Committee

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
About two months ago, several NJ Legislators, including State Senator Paul Sarlo (Bergen/Passaic) and Assemblyman Ronald Dancer, proposed bills that would amend the 2008 "Permit Extension Act." Designed to give developers breathing room in the sluggish economy by extending the validity of development approvals, Proposed Bill S743 (the "Bill" or "S743") is gaining traction and is moving through the necessary legislative committees. On March 5, 2012, S743 passed by a vote of 4-0 by the Senate Budget and Appropriations Committee. The Bill is scheduled to go before the Assembly Appropriations Committee on March 12, … Continue Reading

Proposed Legislation Will Require Shopping Center Developments in NJ to Provide Charging Stations for Electric Vehicles

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
One of the problems with electric cars (EVs) is - what do you do when the battery runs down? Currently there are 500 charging stations in the United States and 400 of them are in California. In an attempt to address the dead battery problem and encourage purchase of EVs, on March 21, 2011, the New Jersey State Senate introduced Bill S2784 (the "Bill") which requires owners of shopping center developments to include charging stations. Under the Bill, owners of a "shopping center development" must equip not less than five (5%) percent of the parking spaces for the shopping center development with electric vehicle charging stations. Moreover, such stations must be available for use during the hours of operation of the shopping center development… Continue Reading

Taking on the NJDOT: Appellate Division Broadens Objector’s Ability to Challenge NJDOT Permits

Posted in Development/Redevelopment
It is not uncommon in New Jersey for businesses to fight tooth and nail to prevent competitors from obtaining development approvals. This month, in In the Matter of the Issuance of Access Conforming Lot Permit No. A-17-N-N040-2007 by the New Jersey Department of Transportation for Block 136, Lots 2 and 3 in Mahwah Township, New Jersey, the Appellate Division dragged the New Jersey Department of Transportation ("NJDOT") into the fight and provided objectors with another path to delay or even prevent a business competitor from moving into town… Continue Reading

Land Use Public Notices: N.J. Developers/Attorneys Beware!!!

Posted in Development/Redevelopment
In the most recent case decided in New Jersey on the issue of the adequacy of a land use public notice, the court continued the trend of requiring applicants on development applications to put as much information in their notices as possible to make the general public aware of the nature of the matter under consideration. In Neshanic Coalition for Historic Preservation v. Hillsborough Township Planning Board, Judge Buchsbaum ruled that the applicant's public notice failed to meet the statutory requirement of setting forth the "nature of the matters to be considered" under the New Jersey Municipal Land Use Law because it omitted the fact that the building to be demolished was located in an historic district… Continue Reading

“Standing” Up for Yourself: Landowner Can Appeal Denial of Use Variance When a Contract Purchaser Filed the Variance Application

Posted in Development/Redevelopment
Agreements for the sale of real property are commonly contingent upon the contract purchaser's obtaining some sort of development approval. If the approval is not granted, the contract purchaser can walk away from the deal. But what if the landowner wants to challenge the denial? Does the landowner have a sufficient interest in the dispute to step into the contract purchaser's shoes? Last month, the Appellate Division of the New Jersey Superior Court answered in the affirmative. In Campus Associates, L.L.C. v. Zoning Board of Adjustment of the Township of Hillsborough, No. A-0690-08T2, -- N.J. Super. -- (App. Div. June 4, 2010), the court held that a landowner can appeal the denial of a use variance that was sought by a contract purchaser, as long as the application depended on property-specific proofs, and not on factors unique to the applicant… Continue Reading
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