The New Jersey Zoning Watch is written by lawyers at AmLaw 200 firm Saul Ewing. Affordable housing, environmental issues and redevelopment are a few of the most popular topics discussed on the blog.
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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...
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)...
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...
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...
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...
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
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...
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...
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...
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...