Gibbons Law Alert

Gibbons Law Alert

Tagged: Development/Redevelopment

NJ BPU Proposes Amendments to Regulations Affecting Renewable Energy and Energy Efficiency

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Posted in Development/Redevelopment / Environmental and Green Issues

On August 8, 2012

On August 6, New Jersey Board of Public Utilities (BPU) announced proposed amendments to multiple sections of the regulations governing renewable energy and energy efficiency. The amendments will affect New Jersey’s renewable portfolio standards, class II renewable energy certifications (RECs) and net metering. These proposed amendments come a few weeks after Governor Christie signed S-1925 into law on July 24, 2012, increasing the state’s solar requirements, and giving what is expected to be a boost to the solar energy business in the state.

Significant Amendments to New York’s SEQRA Regulations in the Works

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Posted in Development/Redevelopment / Environmental and Green Issues

On July 25, 2012

On July 11, the New York State Department of Environmental Conservation (NYSDEC) released the draft scope for the Generic Environmental Impact Statement (GEIS) on proposed amendments to the regulations that implement the State Environmental Quality Review Act (SEQRA). These amendments, intended to streamline the SEQRA process, would create a number of significant changes to the regulations, the first changes since 1996.

Gibbons Real Property & Environmental Department Adds David Freeman to the New York Office

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Posted in Development/Redevelopment / Environmental and Green Issues

On July 16, 2012

David J. Freeman, formerly head of the Environmental Practice Group at the New York City office of Paul Hastings, has joined Gibbons P.C.’s New York office as a Director in the Real Property & Environmental Department. Mr. Freeman represents the buyers, sellers, and developers of properties in all environmental law areas including brownfields, due diligence, hazardous waste cleanups, and sustainability. He also litigates matters related to remediation, cost recovery, property damage, and exposure to toxic substances.

Howard Geneslaw to Speak at NJICLE’s Land Use Basics Program

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Posted in Development/Redevelopment

On June 7, 2012

Howard D. Geneslaw, Esq., a Director in the Gibbons Real Estate Development practice group, will speak at the New Jersey Institute for Continuing Legal Education’s (NJICLE) annual program “Land Use Basics” on June 13, 2012. Mr. Geneslaw’s topic will be redevelopment law. The all-day program is designed to provide practitioners with a roadmap for navigating the land use maze. All of the speakers serve on the Board of Directors of the Land Use Section of the New Jersey State Bar Association.

The New Philadelphia Zoning Code – Take Notice

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Posted in Development/Redevelopment

On June 6, 2012

The revised Philadelphia Zoning Code will be effective before your Labor Day barbeque is over, and there is a smorgasbord of changes to digest. For instance, let’s take “notice,” a contentious issue the new Code seeks to resolve with procedural safeguards and requirements. A frequent area of conflict under the current (soon to be former) Code centered on interactions between developers and neighbors during the zoning/use approval process. Many times, a developer would complain that it did not know which neighborhood civic association represented a particular area, or that a civic association’s meeting schedule resulted in delays in the zoning hearing and approval process. Conversely, neighbors would charge that they were not given adequate notice of applications filed or permits issued with enough lead time to have meaningful input into the process. The revised Code seeks to balance the property owner/developer’s interest in certainty, both in terms of time required to complete the application process and identification of potentially interested parties, against the neighbors’ need for notice of the application and an opportunity to participate.

Nonconforming Use Determination Places Connecticut Liquor Permit at Risk

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Posted in Development/Redevelopment

On June 4, 2012

In a recent decision of the Superior Court of Connecticut, Fairfield Judicial District, captioned Urban Girls, Inc. v. Zoning Board of Appeals of Bridgeport, the Court was confronted with an interesting set of issues involving the intersection of the alleged lapse of a nonconforming use and the resulting loss of the right to utilize a liquor permit. The Court found that the Zoning Board of Appeals applied the incorrect standard by following the Bridgeport zoning regulations, which had not been amended to reflect amendments to the State’s zoning laws. Thus, the matter was remanded to the Zoning Board of Appeals to make a determination on whether there was an intent to abandon the nonconforming use, which would be determinative on the status of the liquor permit.

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct

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Posted in Development/Redevelopment

On May 31, 2012

In its recent decision in the Matter of Kempisty v. Town of Geddes, the Appellate Division, Fourth Department, provides an important reminder to approving authorities that conditions attached to the approval of site plans must have some legitimate relationship or “nexus” to the project’s impacts or they will be stricken. Although the case breaks no new ground, it does effectively outline the considerations that should be applied when determining whether to impose conditions of approval.

The Extension of the Permit Extension Act is on the Move, To Be Reviewed Today By Assembly Appropriations Committee

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On March 12, 2012

About two months ago, several NJ Legislators, including State Senator Paul Sarlo (Bergen/Passaic) and Assemblyman Ronald Dancer, proposed bills that would amend the 2008 “Permit Extension Act.” Designed to give developers breathing room in the sluggish economy by extending the validity of development approvals, Proposed Bill S743 (the “Bill” or “S743”) is gaining traction and is moving through the necessary legislative committees. On March 5, 2012, S743 passed by a vote of 4-0 by the Senate Budget and Appropriations Committee. The Bill is scheduled to go before the Assembly Appropriations Committee on March 12, 2012.

The Permit Extension Act May Keep Extending

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On January 24, 2012

Apparently concerned that the economy may not be recovering rapidly enough, the 215th New Jersey Legislature now convened, introduced a new bill (A337) on January 10, 2012, by Assemblyman Ronald S. Dancer of District 12, to change the definition of the “extension period” under the Permit Extension Act so that it runs through December 31, 2015. Therefore, based on the 6-month tolling provision currently in the Permit Extension Act, approvals received for development applications during the extension period could be extended as far out as June 30, 2016. Bill A337 has been referred to the Assembly Housing and Local Government Committee.

Gibbons to Exhibit at ICSC New York National Conference & Deal Making on Monday and Tuesday

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Posted in Development/Redevelopment

On December 2, 2011

The Gibbons Real Property & Environmental Department will once again exhibit at the International Council of Shopping Centers (ICSC) National Conference & Deal Making Idea Exchange at the Hilton New York on December 5-6. The Department’s booth will be in the same location as prior years, #490 in Americas Hall II. Stop by and meet with some of the Department’s seven attorneys who will be attending. Show hours are Monday, December 5, from 9:00 am to 5:30 pm, and Tuesday, December 6, from 8:30 am to 4:00 pm.

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