Gibbons Law Alert

Gibbons Law Alert

Tagged: Land

Proposed Legislation Will Require Shopping Center Developments in NJ to Provide Charging Stations for Electric Vehicles

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

On March 30, 2011

One of the problems with electric cars (EVs) is – what do you do when the battery runs down? Currently there are 500 charging stations in the United States and 400 of them are in California. In an attempt to address the dead battery problem and encourage purchase of EVs, on March 21, 2011, the New Jersey State Senate introduced Bill S2784 (the “Bill”) which requires owners of shopping center developments to include charging stations. Under the Bill, owners of a “shopping center development” must equip not less than five (5%) percent of the parking spaces for the shopping center development with electric vehicle charging stations. Moreover, such stations must be available for use during the hours of operation of the shopping center development.

New Jersey Time of Decision Rule – The End Nears

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Posted in Development/Redevelopment

On March 3, 2011

New Jersey case law has consistently held that new or modified development ordinance provisions apply to pending land use applications, even if the proposed zoning was specifically introduced to thwart a pending application. This has historically been known as the “time of decision” rule. On May 5, 2011, the time of decision rule will run out of time.

Gibbons Real Property & Environmental Law Alert Nominated for LexisNexis Top 50 Environmental Law & Climate Change Blogs for 2011

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

On February 25, 2011

For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that they believe set the online standard for the practice area. This Real Property & Environmental Law Alert is among the nominees. According to LexisNexis, they selected the nominees based on timely topics, quality writing, frequent posts and that certain something ‘extra’ that keeps a web audience coming back for more. They described our blog as follows: “A rotating group of contributors writes about transactional real estate, development and redevelopment, and environmental law. Although there is some focus on developments in New Jersey, New York, Philadelphia and Delaware, the content is also national in scope.”

A New Jersey Statute That May Go a Long Way On Your Next Solar or Wind Project!

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Posted in Development/Redevelopment / Environmental and Green Issues

On January 19, 2011

Experienced New Jersey developers and land use attorneys understand the challenges that face an applicant when the proposed use is not expressly permitted in the municipality’s zoning district wherethe subject property is located. The challenge is only more complicated if the proposed use involves novel or unfamiliar technology such as renewable energy. However, in New Jersey, the government has been proactive in welcoming renewable energy projects through grants and legislation, making New Jersey definitely the place to be if you want to develop property geared towards the creation of a renewable energy facility powered by solar or wind.

What You Need to Know About Variances and Existing Non-Conformities for Your Next Development Application in NJ

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Posted in Development/Redevelopment

On December 28, 2010

Earlier this month, the New Jersey Appellate Division decided and approved for publication Cortesini v. Hamilton Township Planning Board, a case that addressed the issue of whether a developer must apply for a variance in connection with a pre-existing non-conforming condition created by a prior/non-appealable development approval. The Court’s answer was a resounding “no” based on the facts presented.

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions

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Posted in Development/Redevelopment

On November 5, 2010

Due to the current economic climate and project financing difficulties, Section 276(7)(c) of the New York Town Law was recently amended to allow planning boards greater flexibility in extending subdivision approval beyond the two ninety (90) day extensions previously allowed. Town Law 276(7)(c) provides that a conditional final subdivision plat expires 180 days following the date of the resolution of approval unless all conditions are satisfied. It further authorizes planning boards to grant two extensions, having a duration of ninety (90) days each, after expiration of the original 180-day timeframe for satisfaction of conditions of approval.

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer?

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

On November 4, 2010

For a real estate developer in New Jersey, it seems that there is no “repose” when it comes to the finality of land use approvals. Repose you ask? While the word may garner images of warm weather days at poolside, a developer can only think of repose as the day the appeal period expires on hard-won land use approvals, especially after facing objecting citizens at multiple hearings.

New Jersey Legislature Extends Special Appraisal Rules for Land Preservation Efforts in Highlands Region

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

On September 24, 2010

Owners of land subject to the 2004 Highlands Water Protection and Planning Act (Highlands Act) who preserve their land under the Green Acres Program or the State Farmland Preservation Program will benefit from special appraisal rules for five more years, thanks to legislation signed into law by Governor Christie on September 9. Under the “dual appraisal” provision, which expired last year but has now been extended to 2014, landowners receive two appraisals — one based on current property value, and one based on pre-Highlands Act zoning and other restrictions — and the higher appraisal is used as the basis for negotiation with the State on the appropriate payment.

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