New Jersey Zoning Watch

Bill Allowing Renewable Energy Facilities as Permitted Uses in Industrial Zones Now Law

Phil Morin — Thu, 23 Apr 2009 19:13:13 +0000

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 facilities permitted [...]

Structure With Height Exactly 10% Greater Than Maximum Requires D(6) Variance

Phil Morin — Wed, 22 Apr 2009 17:24:29 +0000

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) affirmative votes with exclusive jurisdiction before the [...]

If You’re Reading This, You’re Probably Not At The Builders Convention

Phil Morin — Tue, 21 Apr 2009 18:39:50 +0000

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 Spokeswoman Amy Whilldin said the 2009 convention, which began today, has drawn about 10,000 attendees and [...]

Bill to Suspend Non-Residential Affordable Housing Fee Passes Senate; Stalled in Assembly

Phil Morin — Tue, 17 Mar 2009 19:38:54 +0000

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 bill signed into law by Governor Corzine in [...]

Licensed Site Professional Bill on Governor’s Desk

Phil Morin — Tue, 17 Mar 2009 14:23:54 +0000

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 Protection touted the legislation as a practical and necessary move to eliminate a [...]

Appellate Division Declines to Require Redevelopment Area Notice Be Served Upon Commercial Tenants

Phil Morin — Mon, 16 Mar 2009 12:00:11 +0000

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, the Appellate Division held that a commercial tenant is not [...]

Bill Providing That Wind, Solar Developments are Permitted Use on Industrial Tracts Passes Legislature, On to Governor

Phil Morin — Fri, 06 Mar 2009 15:41:10 +0000

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 defines [...]

Bill to Allow Farmers to “Harvest” Wind and Sun Moving Through Legislature

Phil Morin — Mon, 02 Mar 2009 12:43:56 +0000

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 be specifically permitted under this legislation. While the Board [...]

Suspension of Non-Residential Affordable Housing Fee Progresses in Senate

Phil Morin — Fri, 27 Feb 2009 21:49:18 +0000

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 2008. According to the Star Ledger: Lesniak’s bill would suspend the 2.5 percent fee on [...]

Legislative Fix Sought For Saturated 55+ Housing Market

Phil Morin — Mon, 16 Feb 2009 02:06:43 +0000

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 planning boards in the hope of lifting [...]