Category: Land Use

NJ Supreme Court Clarifies MLUL Time of Application Rule

In Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Twp., the Supreme Court of New Jersey (MLUL) clarified the Time of Application Rule. It held that an application for development is only complete when all required documents are submitted for review, including all documents mandated under a municipal

NJ Appeals Court Addresses Loss of Pre-existing Nonconforming Structures

In Mikhail v. Lauritsen, the Appellate Division of the New Jersey Superior Court addressed when municipalities may extinguish a nonconforming use. The court specifically considered the test for determining when a nonconforming use has been more than partially destroyed in making this evaluation.  Legal Background N.J.S.A. 40:55D-68 authorizes the restoration

NJ Senate Committee Advances Bill to Amend PILOT Process

New Jersey lawmakers are currently considering legislation that would increase oversight over local tax abatement agreements. Senate Bill 1701 aims increase transparency regarding payments in lieu of taxes (PILOTs), particularly with respect to how they impact school funding.  As previously discussed in the Scarinci Hollenbeck Government & Law Blog, many New

U.S. House Passes Bill Reauthorizing EPA’s Brownfields Program

The U.S. House of Representatives recently passed the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (H.R. 3017). The legislation reauthorizes the U.S. Environmental Protection Agency’s (EPA) Brownfields Program. Basics of EPA’s Brownfield Program There are currently more than 450,000 brownfield sites in the United States. The term “brownfield

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

In Shipyard Associates v. Hoboken Planning Board, the Appellate Division held that a developer was entitled to automatic approval of a controversial plan to build two high-rise buildings on the Hoboken waterfront because the Hoboken Planning Board (Board) refused to hold a hearing on the application while related litigation was