Category: Land Use

NJ Appeals Court Rules OPRA Requests Subject to OPRA

NJ Court Rejects Municipality’s Attempt to Modify Affordable Housing Plan

A New Jersey Court recently considered the reach of New Jersey’s Uniform Housing and Affordability Controls (N.J.A.C. 5:80-26.1 to -26.26) (UHAC). The affordable housing case involved whether and to what extent a municipality may unilaterally extend the thirty-year deed restrictions regulating the resale and rental prices of certain affordable housing

Proposed Legislation Requires Prevailing Wage for PILOT Projects

New Jersey lawmakers are currently considering legislation that would require developers to pay the prevailing wage for public work on properties receiving tax abatements or exemptions. The Assembly Labor Committee recently advanced Assembly Bill No. 3435, which will now go before the full Assembly. As we have previously discussed on

Affordable Housing Legislation Addresses COAH “Gap” Period

Affordable Housing Legislation Addresses COAH “Gap” Period

Legislation is currently pending in the New Jersey Senate and Assembly that would clarify municipal affordable housing obligations. The proposed bills clarify that such obligations should only reflect present and prospective need. As previously discussed on the Scarinci Hollenbeck Government & Law Blog, an Ocean County Superior Court Judge recently

NJ Appeals Court Upholds Builder’s Remedy in Latest Affordable Housing Case

NJ Appeals Court Upholds Builder’s Remedy in Latest Affordable Housing Case

The Appellate Division of the New Jersey Superior Court recently upheld the trial court’s order granting a builder’s remedy in Cranford Development Associates LLC v. Township of Cranford. In reaching its decision, the appeals court rejected a number of arguments raised by the Township of Cranford.  The Facts of the

Supreme Court Sides With Church in Grant Funding Suit

Federal Court Rejects New Jersey Church’s Suit Over Rejected Site Plan Approval

A New Jersey federal district judge recently rejected North Jersey Vineyard Church’s request for injunctive relief, which would have required the Township of South Hackensack to approve the church’s site plan application. The court’s decision is the latest in a series of legal disputes between the two parties.  Facts of

NJ Appeals Court Decision Highlights Importance of Drafting Clear Zoning Ordinances

NJ Appeals Court Decision Highlights Importance of Drafting Clear Zoning Ordinances

A recent appellate decision reinforces that New Jersey municipalities must exercise care when drafting and amending zoning ordinances. In Nelson’s Corner Assoc. LLC v. Twp. of Hillsborough, the Appellate Division of the New Jersey Superior Court held that a dialysis center was permitted under the Township of Hillsborough’s local zoning

Proposed Federal Bill Would Preempt Local Drone Oversight

Federal Bill Would Preempt Local Drone Oversight

Drones are increasingly common in the skies over New Jersey. Technically called unmanned aerial vehicles (UAVs), drones are being used by hobbyists, businesses, and law enforcement, among others. More than 2.5 million drones will be in U.S. airspace by the end of this year, and the number will increase to

Ocean County Judge Rules Municipalities Responsible for Affordable Housing “Gap Period”

Ocean County Judge Rules Municipalities Responsible for Affordable Housing “Gap Period”

An Ocean County Superior Court Judge recently considered whether the court has the authority to impose an obligation upon municipalities to satisfy the affordable housing need which arose from the end of the second round housing cycle in 1999 to the present. In his opinion, Judge Mark Troncone held that