Category: Land Use

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

New Law Alters Performance Guarantees under the MLUL

New Jersey municipalities may need to amend their local ordinances in light of recent changes made to the state’s Municipal Land Use Law (MLUL). The new law signed in January, P.L. 2017 C. 312, restricts when a municipality can require performance and maintenance guarantees from a developer.   Limits on Performance

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

New Jersey Supreme Court to Address “Time of Application Rule”

The Supreme Court of New Jersey recently agreed to consider Dunbar Homes, Inc. v. The Zoning Board of Adjustment of the Township of Franklin. The case involves when a submission to the planning board should be considered an “application for development” that triggers the “time of application rule.” Time of