By Stuart Lieberman | Published June 6, 2022 | Posted in DEP Environmental Justice Program, Development, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: May authorities regulate Stormwater, May municipalities regulate stormwater for one and two family projects, Rsis, Rsis and DCA approval, Rsis and municipal authority, Rsis and proposed DCA regulation, Rsis standards, What is stormwater regulation, Why is DCA changing RSIS | Comments Off on DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls
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Category Archive
Development
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⟩ DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls
By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In response, and over the objections of the League of Municipalities and New Jersey Planning Officials, the Legislature amended the Municipal Land Use Law (MLUL) Read More
Read MoreHoboken cannot block residential development with new zoning ordinances, Supreme Court holds
In Shipyard Assocs., LP v. City of Hoboken, 242 N.J. 23 (2020), the Supreme Court held that the City of Hoboken could not block a waterfront residential development by enacting two new zoning ordinances within two years of the development’s final approval. In 2012, Shipyard Associates received final approval from the Hoboken Zoning Board to Read More
Read MoreShipping warehouse development continues steadily across New Jersey despite community opposition
As the majority of retail transactions continue to rapidly shift to the online sphere, the development of shipping warehouses continues to boom across the state of New Jersey and elsewhere in the country. The developers of these facilities have often been met with opposition from members of the community at local planning and zoning board Read More
Read MoreAppellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements
Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues. This practice is widespread in New Jersey and it permits properties that may have environmental issues to go to closing without first accomplishing a cleanup. This practice is good for the buyer, good for the Read More
Read MoreNJDEP Updates Soil Remediation Standards for 19 Contaminants
Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey. The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More
Read MoreAdministrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit
The Supreme Court in Griepenburg v. Ocean Township, 220 N.J. 239 (2015), considered the circumstances under which municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and the Municipal Land Use Law (“MLUL”) goals. In the late 1990s, Ocean Township, which is bordered by the Read More
Read MoreFirm Prosecutes New Jersey Pinelands Violations
Family Seeks to Preserve Pinelands, Property A Township of Medford family filed suit on February 23, 2015 in the Burlington County Superior Court, alleging their neighbors engaged in the improper clearcutting of 11,000 square feet of native vegetation and trees in the protected Pinelands area of New Jersey. According to the lawsuit, filed by Plaintiffs Read More
Read MoreAppeals Court: Municipality Cannot Be Forced to Adopt Planning Board Recommendations
What does a governing body do when a municipality’s planning board recommends changes to its master plan? Does the council have to adopt the changes to the municipal ordinance? Can the council reject the recommendations? Or can it simply ignore the planning board altogether? On January 16, 2015, the Appellate Division’s opinion in in Myers Read More
Read MoreThe Price Tag to Develop on Preserved Land in NJ May be Going Up
The New Jersey Legislature is considering a bill (S-570) which would result in companies paying more to develop building on public land. The bill proposes that proposed projects on preserved land in the state would be assessed for how much revenue that project would generate. The proposal is intended to help balance the value to Read More
Read MoreAppellate Division Affirms Franklin Township Ban on Digital Billboards
The New Jersey Appellate Division recently upheld a decision by Franklin Township, New Jersey to ban digital billboards along a stretch of Interstate 287, while allowing static billboards to be implemented. The Appellate Division determined that no violation of the First Amendment took place as part of the ban, with Judge Marianne Espinosa stating that Read More
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Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts
By Brittany W. DeBord / June 20, 2022
On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
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It Depends on the Language – The Non-Disparagement Clause
By C. Michael Gan / June 6, 2022
How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language.
On May 31, 2022, the Appellate Division
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DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls
By Stuart Lieberman / June 6, 2022
By Michele Donato, Esq. and Stuart Lieberman, Esq.
In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
Read More
Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.
By Breanna R. Marchesani / May 31, 2022
Nicolas DePaola of Ewing New Jersey was indicted on twelve charges for embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer
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