December 9th, 2011 | Posted by:
By Michael Smith, Esq., LEEP, AP.
On November 28, 2011, the New Jersey Legislature introduced A-4367 — proposed legislation standing to lengthen the protection of the Permit Extension Act of 2008 (the “PEA”), for an additional 3 years (i.e.,until at least December 31, 2015, after which the running of the approval periods would resume for up to 6 months, until June 30, 2016).
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. However, by a legislative amendment, the duration of that “extension period” was extended until December 31, 2012, after which, under current law, the running of the approval periods will resume for up to 6 months, until June 30, 2013.
With the introduction of A-4367, the Legislature is now proposing to extend (again) the duration of this so-called extension period until December 31, 2015. A-4367 stands to benefit all approvals that were extended by the Permit Extension Act. This proposal does not, conversely, stand to limit the scope of protection provided under the Permit Extension Act. » Read the rest of this entry «
November 8th, 2011 | Posted by:
By Michael A. Smith
On June 29, 2011, the Appellate Division of the New Jersey Superior Court released its opinion In the Matter of the Adoption of N.J.A.C. 7:15-5.24(b) and N.J.A.C. 7:15-5.25(e), upholding certain key provisions of the New Jersey Department of Environmental Protection’s Water Quality Management Planning Rules (WQMP Rules), N.J.A.C. 7:15 et seq. (namely, a provision that prohibits the extension of sanitary sewer lines in environmentally sensitive areas, and a provision that sets a maximum nitrate level for septic system discharge). In so holding, the court rejected a developer’s argument that the WQMP Rules constitute unauthorized land use regulation, in excess of NJDEP’s authority.
Among other things, this ruling provides “teeth” to NJDEP’s pending sewer service area revision process, i.e., NJDEP’s efforts to prohibit the building of new sanitary sewer lines based on the presence of environmentally sensitive features (including threatened and endangered species habitat, Natural Heritage Priority Sites, Category One riparian zones and wetlands). » Read the rest of this entry «
May 7th, 2010 | Posted by:
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 «
May 3rd, 2010 | Posted by:
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.
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 «
March 12th, 2010 | Posted by:
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.
January 21st, 2010 | Posted by:
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)
For a copy of A-4347 please click here.
December 18th, 2009 | Posted by:
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 «
November 18th, 2009 | Posted by:
By John C. Ryder, P.E., P.P., P.W.S., C.M.E. Effective November 2, 2009, the New Jersey Department of Environmental Protection (NJDEP) has amended the Freshwater Wetlands Protection Act Rules to expanded the list of Freshwater Wetlands Statewide General Permits (SGP) requiring mitigation as follows: SGP No. 2 (Underground utility lines); SGP No. 6 (Isolated wetlands); SGP Nos. 10A & 10B (Road crossings); SGP No. 11 (Outfalls & intake structures); SGP No. 21 (Above ground utility lines); and SGP 27 (Redevelopment of previously disturbed areas). Wetlands permits previously requiring mitigation included: SGP No. 4 (Hazardous site investigation and cleanup); SGP No. 5 (Landfill closures); and all Individual Permits (IP). » Read the rest of this entry «
November 11th, 2009 | Posted by:
Although the Site Remediation Reform Act (SRRA) gives Licensed Site Remediation Professionals (LSRPs) substantial authority once the exclusive purview of NJDEP, not all of the functions held by NJDEP case managers under the pre-SRRA process for remediation will be transferred to the LSRP. Such is the case with Alternate Remediation Standards (ARS). An ARS is a remediation standard developed for use at a given site based on site-specific conditions and risks that is often less restrictive than adopted standards. One of the laws modified by SRRA continues to allow the use of ARS in lieu of the established minimum soil remediation standards for residential or non-residential use. » Read the rest of this entry «
October 30th, 2009 | Posted by:
Currently, NJDEP requires a biennial certification for engineering and institutional controls. Every two years, a certification must be prepared, signed and submitted to NJDEP reporting on the monitoring, inspection and maintenance for caps, covers, fences, signs, Classification Exception Areas (CEAs), deed notices and other engineering and institutional controls implemented as part of the remediation of a contaminated site. Under the Site Remediation Reform Act (SRRA), NJDEP will now be implementing a new permit program for this purpose. NJDEP is wrestling with the best way to move forward with the transition of these requirements into a permit program. » Read the rest of this entry «
October 30th, 2009 | Posted by:
The Department of Environmental Protection is proposing amendments to the Coastal Permit Program rules, N.J.A.C. 7:7, which contain the coastal general permits and the permits-by-rule. Under this proposal, the Department is proposing a new permit-by-rule and two new coastal general permits for the construction of wind turbines on land; a new permit-by-rule for the construction of solar panels; and is describing the situations in which construction of a wind turbine or solar panel does not require a coastal permit. The Department is also proposing amendments to the Coastal Zone Management rules, N.J.A.C. 7:7E, to facilitate the construction of wind turbines in the coastal zone in appropriate locations. » Read the rest of this entry «
October 22nd, 2009 | Posted by:
By Ellen Radow Sadat, Esq. & Joseph Schmidt, Esq.
The New Jersey Department of Environmental Protection (”DEP”) is taking another weapon out of its abundant arsenal, which may make it harder to implement reasonable remedial actions and delay cleanups. Under draft guidance, titled “Requirements for Remedial Actions Rendering Properties Unusable,” issued on October 5, 2009, DEP plans to implement a seemingly innocuous provision of the Site Remediation Reform Act (“SRRA”): » Read the rest of this entry «