Tagged: Planning

Gibbons Directors Howard Geneslaw and Lawrence Lustberg to Speak at 2014 New Jersey Planning Conference 0

Gibbons Directors Howard Geneslaw and Lawrence Lustberg to Speak at 2014 New Jersey Planning Conference

Howard D. Geneslaw, a Director in the Gibbons Real Estate Development practice group, and Lawrence S. Lustberg, a Director in the Gibbons Criminal Defense Department, as well as the Director of the firm’s John J. Gibbons Fellowship in Public Interest & Constitutional Law, will both speak at the “2014 New Jersey Planning Conference” presented by the New Jersey Chapter of the American Planning Association on January 23-24.

New Jersey Time of Decision Rule – The End Nears 0

New Jersey Time of Decision Rule – The End Nears

New Jersey case law has consistently held that new or modified development ordinance provisions apply to pending land use applications, even if the proposed zoning was specifically introduced to thwart a pending application. This has historically been known as the “time of decision” rule. On May 5, 2011, the time of decision rule will run out of time.

A New Jersey Statute That May Go a Long Way On Your Next Solar or Wind Project! 0

A New Jersey Statute That May Go a Long Way On Your Next Solar or Wind Project!

Experienced New Jersey developers and land use attorneys understand the challenges that face an applicant when the proposed use is not expressly permitted in the municipality’s zoning district wherethe subject property is located. The challenge is only more complicated if the proposed use involves novel or unfamiliar technology such as renewable energy. However, in New Jersey, the government has been proactive in welcoming renewable energy projects through grants and legislation, making New Jersey definitely the place to be if you want to develop property geared towards the creation of a renewable energy facility powered by solar or wind.

What You Need to Know About Variances and Existing Non-Conformities for Your Next Development Application in NJ 0

What You Need to Know About Variances and Existing Non-Conformities for Your Next Development Application in NJ

Earlier this month, the New Jersey Appellate Division decided and approved for publication Cortesini v. Hamilton Township Planning Board, a case that addressed the issue of whether a developer must apply for a variance in connection with a pre-existing non-conforming condition created by a prior/non-appealable development approval. The Court’s answer was a resounding “no” based on the facts presented.

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions 0

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions

Due to the current economic climate and project financing difficulties, Section 276(7)(c) of the New York Town Law was recently amended to allow planning boards greater flexibility in extending subdivision approval beyond the two ninety (90) day extensions previously allowed. Town Law 276(7)(c) provides that a conditional final subdivision plat expires 180 days following the date of the resolution of approval unless all conditions are satisfied. It further authorizes planning boards to grant two extensions, having a duration of ninety (90) days each, after expiration of the original 180-day timeframe for satisfaction of conditions of approval.

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer? 0

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer?

For a real estate developer in New Jersey, it seems that there is no “repose” when it comes to the finality of land use approvals. Repose you ask? While the word may garner images of warm weather days at poolside, a developer can only think of repose as the day the appeal period expires on hard-won land use approvals, especially after facing objecting citizens at multiple hearings.