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 MoreAppellate Court Doesn’t Buy Arguments from East Brunswick Used Car Salesmen, Requires Variance
The Appellate Division rejected an East Brunswick car wrecking business’s attempts to keep selling used cars without a use variance, holding it was not a preexisting nonconforming use, in Hidden Oak Woods, LLC v. P&F Giancola, d/b/a Giancola Wrecking and Auto Sales, 2021 N.J. Super. Unpub. __ (App. Div. 2021), Docket No. A-2704-19. Property owners Read More
Read MoreNJDEP 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
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Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances
By Zoe N. Ferguson / November 29, 2021
A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate
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The Friendly Neighborhood Scheme
By C. Michael Gan / November 18, 2021
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
Read More
NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately
By Zoe N. Ferguson / October 25, 2021
On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed
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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds
By Zoe N. Ferguson / October 25, 2021
Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval.
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