By Stuart Lieberman | Published June 10, 2021 | Posted in Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Zoning | Tagged Tags: Impact of green infrastructure requirements, New Jersey storm water, New Jersey stormwater, New stormwater regulations in New Jersey, What developments require stormwater review, What is green infrastructure | Comments Off on NJDEP new stormwater regulations are in effect
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Land Use
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⟩ NJDEP new stormwater regulations are in effect
Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More
Read MoreWarehouse Construction in NJ May Be Curtailed in Proposed Legislation
New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many Read More
Read MoreApplications for apartment complexes across New Jersey face community pushback
Zoning and planning boards across the state have recently been confronted with some contentious hearings regarding applications for apartment complexes near neighborhoods typically zoned for single-family homes. The zoning board in Woodcliff Lake denied an application in July 2019 after seven months of hearings that is currently before the same board again in amended form. Read More
Read MoreContentious zoning board application heads to the final stage for approval
The Robbinsville Zoning Board of Adjustment is likely to approve an application for the construction of new warehouse that community members are less than thrilled about. Alleging environmental concerns as well as fears of traffic increases, activists and residents alike have not been shy in expressing their concerns to the Board, with around 80 interested Read More
Read MoreNotices and Appellate Review of a CAFRA Permit
In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review of an agency decision, as it relates to the approval of an individual Coastal Area Facility Review Act (“CAFRA”) Permit. JSTAR, LLC (“JSTAR”) was an Read More
Read MoreNJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring property. The syllabus and opinion for this case, Cherokee LCP Land, LLC v. 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 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 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
Read MoreAppellate Division Takes Victory in Wetlands Takings Case from the State
A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More
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Tenants Must Be Informed of Lead in their drinking water
By Stuart Lieberman / June 10, 2021
Governor Murphy just signed legislation (S968/A2836) that will require landlords to notify tenants of elevated lead levels. This is particularly meaning in New Jersey where we have many people impacted
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NJDEP new stormwater regulations are in effect
By Stuart Lieberman / June 10, 2021
Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following
Read More
New Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions
By Carolyn Griffin / June 1, 2021
Families in New Jersey have filed multiple lawsuits in the District Court of New Jersey alleging that their birth defects and/or illnesses are the result of chemical pollution. Four suits
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Warehouse Construction in NJ May Be Curtailed in Proposed Legislation
By Stuart Lieberman / June 1, 2021
New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the
Read More
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