By C. Michael Gan | Published November 18, 2021 | Posted in Land Use, Planning, Zoning | Tagged Tags: ability to enforce neighborhood scheme, court applies neighborhood scheme to prevent inappropriate development, neighborhood scheme, neighborhood scheme applicable to entire community, neighbors attempting to enforce neighborhood scheme, zoning proposals that are inconsistent with neighborhood scheme | Comments Off on The Friendly Neighborhood Scheme
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⟩ The Friendly Neighborhood Scheme
You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that applies to all the homes on the street, helps make sure the neighborhood looks consistent and uniform throughout. But then, a new neighbor comes in, Read More
Read MoreAppellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity
Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of Bay Head’s decision to grant a certificate of pre-existing non-conformity, declaring that a backyard accessory structure had plumbing in it for years prior to 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 MoreRLUIPA case in SDNY challenges alleged discrimination against Orthodox Jewish community
In December 2020, the Southern District of New York filed a lawsuit under the Religious Land Use and Institutionalized Persons Act (RLUIPA) against the Village of Airmont. The suit alleges that the Village has been discriminating against the Orthodox Jewish community via its recent zoning regulations enacted in 2018. RLUIPA was signed into law in 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 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
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