Recent Articles

Bill Allowing Renewable Energy Facilities as Permitted Uses in Industrial Zones Now Law

April 23, 2009 19:13

An amendment to the Municipal Land Use Law permitting the location of renewable energy facilities in areas zoned for industrial use was signed into law by the Governor on March 31, 2009. It is codified in the MLUL as N.J.S.A. 40:55-66.11. The full text of the law is as follows: Wind and solar...

Structure With Height Exactly 10% Greater Than Maximum Requires D(6) Variance

April 22, 2009 17:24

A trial court decision has clarified the circumstance in which a D variance for height is required, holding that where a principal structure is exactly 10 percent higher than the height limitation under local ordinance, the applicant has an enhanced burden of proof which requires five (5)...

If You’re Reading This, You’re Probably Not At The Builders Convention

April 21, 2009 18:39

The Associate Press is reporting that this year’s New Jersey Builders Association’s convention in Atlantic City is experiencing an approximate one-third drop-off in attendance: Attendance is down at the New Jersey Builders Association’s annual trade show in Atlantic City. AP...

Bill to Suspend Non-Residential Affordable Housing Fee Passes Senate; Stalled in Assembly

March 17, 2009 19:38

The Senate passed S2485 by a vote of 36-0 on Monday. This bill, co-sponsored by Senators Raymond Lesniak (D-Union) and Christopher “Kip” Bateman (R-Somerset), provides for a moratorium through July 1, 2010, on the 2.5 percent non-residential development fee which was part of the A500...

Licensed Site Professional Bill on Governor’s Desk

March 17, 2009 14:23

On Monday, the Senate and Assembly overwhelmingly voted in favor of identical bills which will allow private contractors to have more authority to oversee and perform site cleanups. While environmental groups expressed concern about oversight, legislators and the Department of Environmental...

Appellate Division Declines to Require Redevelopment Area Notice Be Served Upon Commercial Tenants

March 16, 2009 12:00

Municipalities withstood another attack on their broad powers under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49 et seq. (”LRHL”), last week while the rights of commercial tenants remained status quo. In Iron Mountain Information Management Inc. v. City of Newark,...

Bill Providing That Wind, Solar Developments are Permitted Use on Industrial Tracts Passes Legislature, On to Governor

March 06, 2009 15:41

A bill amending the Municipal Land Use Law which permits the location of renewable energy facilities in areas zoned for industrial use has passed the Assembly by a 62-14-2 vote, and will now move on to the Governor’s desk. The bill passed the Senate in February by a 36-3-1 vote. The bill...

Bill to Allow Farmers to “Harvest” Wind and Sun Moving Through Legislature

March 02, 2009 12:43

A bill which would allow farmers who own preserved farmland or who operate ongoing commercial farms to add another “crop” to their “harvest” is progressing through both houses in the Legislature. The development of wind and solar power facilities on certain farmland would...

Suspension of Non-Residential Affordable Housing Fee Progresses in Senate

February 27, 2009 21:49

Despite opposition from affordable housing advocates, the Senate Budget Committee approved a bill sponsored by State Senator Raymond Lesniak (D-Union) which would suspend the 2.5 percent non-residential affordable housing development fee adopted as part of the A-500 legislation in July of...

Legislative Fix Sought For Saturated 55+ Housing Market

February 16, 2009 02:06

An article in the Sunday Star Ledger by Nyier Abdou highlights how the combination of the downturn in the housing market coupled with the glut of age-restricted developments burdened with low occupancy (or stalled due to lack of financing) are forcing developers back to governing bodies and...