Tagged: Entitlements

Appellate Division Underscores Need for Findings, and Potentially More Testimony, to Approve Reduction of Variance

Appellate Division Underscores Need for Findings, and Potentially More Testimony, to Approve Reduction of Variance

It’s a common scenario: after a series of public hearings, the scope of variance relief sought is reduced by the applicant or at the direction of the board, and the board then approves the application. A recent unreported opinion from New Jersey’s Appellate Division underscores that the resolution of approval must explain how and why the reduced scope of relief satisfies the variance criteria when the original proposal did not. This may require presentation of additional testimony by the applicant in support of the modifications. In 440 Company-Carriage House, LP v. Zoning Bd. of Adjustment for the Borough of Palisades Park, the Zoning Board of Adjustment for the Borough of Palisades Park (“Board”) granted three use variances (along with final site plan approval and certain bulk variance relief) to enable the construction of a 14-story, 121-unit, residential building. The relief granted by the Board represented a substantial reduction from what the applicant-developer had actually sought and presented testimony in support of over the course of a public hearing which extended for nine meetings. The developer had originally applied for use variances to permit a 17-story building, with 154 units. Rather than approving the project as presented, or denying it, the...

Non-Residential Development Fees – How Much Do I Pay and When?

Non-Residential Development Fees – How Much Do I Pay and When?

The Statewide Non-Residential Development Fee Act (the “Act”) has been in full effect for the past three years. Yet, there remains confusion as to how the fee is calculated and when it is required to be paid. There shouldn’t be. Before the Act, both residential and non-residential development fees were governed by the Council on Affordable Housing’s (“COAH”) regulations, and municipalities adopted a form ordinance provided by COAH. COAH’s regulations, for instance, permitted all development fees to be collected with up to 50% due at the issuance of a building permit and 50% due at the issuance of a certificate of occupancy. The same regulations permitted municipalities to collect the full fee at the issuance of a certificate of occupancy. The current Act makes it crystal clear that “the payment of non-residential development fees … shall be made prior to the issuance of a certificate of occupancy for each development.” The Act also lays out a process for preliminary and final assessments of fees, including a notice required upon issuance of a construction permit to the tax assessor to conduct an initial evaluation of the fee. Thus, any requirement for the payment of a development fee as a condition of...

Legislature Contemplates Extension of Moratorium on Statewide Non-Residential Development Fee 0

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

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, 2014.

MPC Alert: Amendments to Notice Requirements under PA  Municipalities Planning Code 0

MPC Alert: Amendments to Notice Requirements under PA Municipalities Planning Code

Starting August 31, 2013, municipalities will have to provide advance notice electronically or by mail of certain proceedings to landowners who have requested such notice in writing. Under amendments to the Pennsylvania Municipalities Planning Code signed into law by Governor Tom Corbett on July 2, 2013, municipalities must provide landowners with the requested electronic notice or mailed notice of public hearings regarding the enactment of zoning ordinances and amendments.

Brand New Philadelphia Zoning Code Amended After Only 5 Months 0

Brand New Philadelphia Zoning Code Amended After Only 5 Months

Well that didn’t take long. Last August, following a four year process, the City of Philadelphia’s comprehensive new zoning code became law. Because of the law’s broad scope and sweeping changes, it was agreed that the Code would be revisited one year after its enactment to determine its effectiveness and to consider making any necessary changes. Yet, on January 24, 2013, a mere 5 months later ,the Philadelphia City Council, overriding a veto by Mayor Michael Nutter, passed Bill No. 120889 by a vote of 13-3 and amended the new Code, significantly complicating pre-hearing interaction between neighbors and developers which the Code was intended to streamline. While Council has enacted some minor “clean-up” amendments to the Code since August, this amendment could have substantial consequences.

Developer Alert: Philadelphia Looking to Establish Land Bank Under New State Legislation 0

Developer Alert: Philadelphia Looking to Establish Land Bank Under New State Legislation

The redevelopment of vacant and blighted parcels has been a cumbersome, frustrating and, in many cases unsuccessful, process for municipalities and developers alike. Pennsylvania’s new land bank legislation could change all that. Philadelphia, with its own land bank legislation is poised to take advantage of the state legislation.

The New Philadelphia Zoning Code – Take Notice 0

The New Philadelphia Zoning Code – Take Notice

The revised Philadelphia Zoning Code will be effective before your Labor Day barbeque is over, and there is a smorgasbord of changes to digest. For instance, let’s take “notice,” a contentious issue the new Code seeks to resolve with procedural safeguards and requirements. A frequent area of conflict under the current (soon to be former) Code centered on interactions between developers and neighbors during the zoning/use approval process. Many times, a developer would complain that it did not know which neighborhood civic association represented a particular area, or that a civic association’s meeting schedule resulted in delays in the zoning hearing and approval process. Conversely, neighbors would charge that they were not given adequate notice of applications filed or permits issued with enough lead time to have meaningful input into the process. The revised Code seeks to balance the property owner/developer’s interest in certainty, both in terms of time required to complete the application process and identification of potentially interested parties, against the neighbors’ need for notice of the application and an opportunity to participate.

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct 0

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct

In its recent decision in the Matter of Kempisty v. Town of Geddes, the Appellate Division, Fourth Department, provides an important reminder to approving authorities that conditions attached to the approval of site plans must have some legitimate relationship or “nexus” to the project’s impacts or they will be stricken. Although the case breaks no new ground, it does effectively outline the considerations that should be applied when determining whether to impose conditions of approval.

The Extension of the Permit Extension Act is on the Move, To Be Reviewed Today By Assembly Appropriations Committee 0

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

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, 2012.

The Permit Extension Act May Keep Extending 0

The Permit Extension Act May Keep Extending

Apparently concerned that the economy may not be recovering rapidly enough, the 215th New Jersey Legislature now convened, introduced a new bill (A337) on January 10, 2012, by Assemblyman Ronald S. Dancer of District 12, to change the definition of the “extension period” under the Permit Extension Act so that it runs through December 31, 2015. Therefore, based on the 6-month tolling provision currently in the Permit Extension Act, approvals received for development applications during the extension period could be extended as far out as June 30, 2016. Bill A337 has been referred to the Assembly Housing and Local Government Committee.