Category: Land Use

Jersey City Updates Tax Abatement Policy and Procedures

Legislation to Extend Permit Extension Act Introduced in New Jersey Assembly

On October 16, several New Jersey lawmakers introduced legislation to extend the Permit Extension Act of 2008 for another two years. The statute, which was first enacted during the recession, extends the expiration date of certain permits and other governmental approvals. As we have previously discussed on this blog, the

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

Court Holds Zoning Officer Erred in Interpreting Fence Restrictions in Master Deed

In Hidden Lake Area Homeowners Association v. Township of North Brunswick, the Appellate Division of the New Jersey Superior Court found that the North Brunswick zoning officer incorrectly determined that the construction of a fence was allowed. Accordingly, his approval of the permit was ultra vires. The Facts of the

NJ Appeals Court: “Highest and Best Use” Must Be Legally Permissible Under Zoning Laws

NJ Affordable Housing Update: Gov. Christie Conditionally Vetoes Moratorium on Non-Residential Development Fee

Gov. Chris Christie recently issued a conditional veto on legislation that would have retroactively reinstated and extended the moratorium on the collection of the 2.5% developer’s fee on non-residential development projects. In his veto message, the Governor called for more comprehensive reform of the Fair Housing Act and the programs

foreclosed properties

Municipalities Can Fine Creditors for Failing to Maintain Foreclosed Properties in NJ

New Jersey continues to see record rates of foreclosed properties. To help address the resulting neighborhood blight, municipalities now have a new tool to address abandoned  properties. Assembly Bill No. 347, which took effect on July 14, 2014, authorizes municipalities to impose penalties on creditors that fail to timely remedy

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

Federal Court Rules Paramus Zoning Officials Improperly Denied Cell Tower Plan

A New Jersey federal judge recently ruled that the borough of Paramus’s zoning board improperly denied Sprint Spectrum L.P. and T-Mobile USA Inc.’s application to build a wireless tower. U.S. District Judge Kevin McNulty specifically held that the municipality could not deny the application for a monopole wireless tower based

DEP Scores Trial Victory in Day Care New Jersey Contamination Case

New Jersey’s Department of Environmental Protection (DEP) is claiming victory after a state judge ordered multiple defendants to pay $6.13 million to reimburse the agency for the costs of cleaning up mercury contamination in Franklin Township. The case, New Jersey Department of Environmental Protection v. Navillus Group, involved the site

Council On Affordable Housing Issues New Draft Regulations For Affordable Housing

Earlier this month the Council on Affordable Housing (“COAH”) issued a new set of draft regulations in response to a recent ruling from the New Jersey State Supreme Court to replace, albeit for the third time, what had been commonly referred to as the “Third Round” regulations.  The issuance of

City of Irvington Using Eminent Domain To Help Underwater Homeowners

Irvington, New Jersey, is plagued by residents with underwater mortgages, homes in foreclosure and residences left abandoned. In response, the Township Council has authorized the mayor and administration to use eminent domain to acquire properties with mortgage problems. Eminent domain is the procedure whereby governments are allowed to acquire property