On January 16, 2010, the New Jersey legislature adopted a bundle of laws to promote renewable energy development in New Jersey. Among the laws adopted was an amendment to the Agricultural Retention and Development Act (the “Act”) to permit the installation and operation of biomass, solar or wind energy generation facilities on preserved farmland. A preserved farmland is a farm in which the landowner has conveyed a development easement to the State Agricultural Development Committee (“SADC”) or other governmental instrumentality, such as a county, or to a private not-for-profit entity, such as a land trust. By conveying a development easement to the SADC or such other entity, the landowner covenants that the preserved farm will only be used for agricultural purposes. This restriction runs with the land is binding on all future owners of the property. » Read the rest of this entry «
Legislation Permits Renewable Energy Facilities on Preserved Farmland
July 28th, 2010 | Posted by:
Christopher DeGrezia
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A Glimpse into the New Jersey Department of Environmental Protection
June 24th, 2010 | Posted by:
Christopher DeGrezia
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At a well-attended New Jersey Chamber of Commerce Breakfast in late May, Deputy Commissioner Irene Kropp described the evolving organizational responsibilities of three key managers at the New Jersey Department of Environmental Protection (NJDEP), Chief of Staff Magdalena Padilla, Chief Counselor Ray Cantor and Irene Kropp. These responsibilities are evolving as Commissioner Bob Martin develops the Department’s Vision Statement, which should be posted on the NJDEP website soon. Shortly thereafter, the Department will publish its “Transformation Agenda,” which will be designed to implement the Vision Statement and presumably change the way NJDEP does business.
In the meantime, the Department is actively acknowledging that it should be a responsive and transparent agency. There are three key managers who will try to accomplish this goal while attending to the following responsibilities. » Read the rest of this entry «
Pending Legislation Abolishes Council on Affordable Housing and Nonresidential Development fees
May 7th, 2010 | Posted by:
Christopher DeGrezia
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If adopted, a bill before the New Jersey Senate (S-1) will abolish COAH and reform the Fair Housing Act. The bill stands at second reading and can be voted upon at the next voting session in May 2010. If it is not amended, the bill will change the entire landscape of how affordable housing requirements are calculated and applied. With regard to nonresidential development, it will essentially eliminate affordable housing requirements. Here is the story: » Read the rest of this entry «
New Legislation Promotes Solar Panel Development
May 6th, 2010 | Posted by:
Christopher DeGrezia
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By Michael A. Smith, Esq. LEED AP
On April 22, 2010, Governor Christie signed into law S-921 – new legislation designed to facilitate solar panel development and, more broadly, to fortify New Jersey’s position as a green energy leader.
S-921
Under this new legislation, S-921, solar panels are now exempt from zoning limitations on impervious cover – a planning term for hard surfaces such as buildings and driveways, that prevent water from absorbing into the ground. On solar panels, municipalities have been contradictory in their impervious cover requirements, with some treating solar panels as impervious. S-921 addresses this inconsistency – solar panels cannot be restricted through impervious coverage limitations. Note that the base or foundation of a solar panel may still be regulated as impervious cover. » Read the rest of this entry «
NJDEP Administrative Order Preserves Sewer Service Areas Until April 7, 2011, and Addresses the Sewer Service Area Revision Process
May 3rd, 2010 | Posted by:
Christopher DeGrezia
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By Glenn S. Pantel and Michael A. Smith
On March 24, 2010, the Commissioner of the New Jersey Department of Environmental Protection issued Administrative Order No. 2010-03 – a measure that extends the deadline for wastewater management planning entities to submit revised wastewater management plans (WMPs), until April 7, 2011. This administrative order also provides property owners with new rights in connection with NJDEP’s wastewater management planning process.
Background
WMPs are legally binding documents that govern where new sanitary sewer lines can be built. For a sewer line to be extended into a property, it must be included within the sewer service area (SSA) in the area wide WMP. Properties that fall outside the SSA are generally required to be served by septic systems. » Read the rest of this entry «
Time’s Up for Time of Decision Rule
March 18th, 2010 | Posted by:
Christopher DeGrezia
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The New Jersey Senate and Assembly recently passed a bill (S-58: A-437) that overrides the “time of decision rule,” which has governed decision making under the Municipal Land Use Law for decades.
Under current law, a planning board or zoning board of adjustment applies the law in effect at the time it renders its decision, rather than the law in effect when the issues were initially presented. A municipal governing body can amend its zoning ordinance after an application for development has been filed with a land use board, even in direct response to the application, and the land use board decides the matter based upon the amended ordinance.
Under the new bill, a land use board would be required to make its decision on an application for development in accordance with the development regulations (zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land) that are in effect on the date the application for development is submitted. The bill also exempts an application for development from changes made to ordinances other than development regulations, except for those relating to health and public safety, that are adopted after the application for development is submitted. » Read the rest of this entry «
“Inherently Beneficial Use” is defined to include Wind, Solar or Photovoltaic Energy Facilities
March 12th, 2010 | Posted by:
Christopher DeGrezia
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In June, I reported that the New Jersey Legislature proposed a bill (S1202/A3062) that would add the definition of an “inherently beneficial use” to the Municipal Land Use Law and expand the inherently beneficial use status to include wind, solar and photovoltaic facilities. The legislation has been adopted and the following definitions now apply:
“Inherently beneficial use” means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.
“Wind, solar or photovoltaic energy facility or structure” means a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use, or an accessory use or structure.
For a copy of the Pamphlet Law click here.
For a discussion of the inherently beneficial use variance standard click here.
Construction Codes: New Jersey Get’s it Right!
March 2nd, 2010 | Posted by:
Christopher DeGrezia
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Immagini de Venezia
By Robert Sussna, AIA Emeritus
Few would argue against the statement that New Jersey is one of the most densely developed states, or that New Jersey is over-regulated, especially in the area of construction regulations, but how many would agree that New Jersey has one of the best construction codes in the Country ?
Am I serious ? Absolutely!
In the area of changes to the architecture of existing buildings, New Jersey has the most-progressive law in the land! » Read the rest of this entry «
Governor’s Transition Team Reports Released
January 25th, 2010 | Posted by:
Christopher DeGrezia
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With a new Governor taking the reigns, many people are wondering in what direction New Jersey will be heading. The Transition Subcommittee’s reports, including findings and recommendations, provide valuable insight. Click on the links below to see the recently released reports:
New Legislation Gives Additional Protection To Approvals Covered by the Permit Extension Act of 2008
January 21st, 2010 | Posted by:
Christopher DeGrezia
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By Michael Smith, Esq., LEED AP.
On January 18, 2010, now former Governor Jon Corzine signed A-4347 – legislation that lengthens the protection of the Permit Extension Act of 2008, for an additional 2.5 years.
By way of background, the Permit Extension Act automatically suspended the expiration of many, but not all, state, county and local permits and approvals, for an “extension period” intially lasting from January 1, 2007 through July 1, 2010.
With A-4347 signed into law, that “extension period” will now last until December 31, 2012, after which the running of the approval periods will resume for up to 6 months – that is, until June 30, 2013. Furthermore, bear in mind that approvals covered by the Permit Extension Act remain eligible for additional extensions under other authorities (for example, the Municipal Land Use Law)
New Jersey Tax Court Exempts Intercompany Transfer From Realty Transfer Fee
January 14th, 2010 | Posted by:
Christopher DeGrezia
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The New Jersey Tax Court has held that transfers of unencumbered property between commonly owned legal entities, for nominal consideration, are not subject to the realty transfer fee. The court rejected the position taken by the Division of Taxation in its current regulations that such transfers are always subject to the fee and that the consideration should be measured by the assessed value of the property.
In Mack-Cali Realty, LP v. Taxation Div. Director, the taxpayer conveyed its unencumbered properties to its wholly owned limited liability companies in each case for consideration of $10. The taxpayer claimed that the transfers were not subject to the realty transfer fee because the statute specifically exempts transfers for consideration of less than $100. » Read the rest of this entry «
NJ Legislature Proposes to Lengthen the Protection of the Permit Extension Act of 2008
December 18th, 2009 | Posted by:
Christopher DeGrezia
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By Michael Smith, Esq., LEED AP.
The New Jersey Legislature recently introduced identical companion bills S-3137 and A-4347 – proposed legislation standing to lengthen the protection of the Permit Extension Act of 2008 (the “PEA”), until at least December 31, 2012. By way of background, the PEA automatically suspended the expiration of many state, county and local approvals and permits, for an “extension period” lasting from January 1, 2007 through July 1, 2010, after which the running of the approval periods will resume for up to six months – that is, until December 31, 2010. » Read the rest of this entry «
