Based on recent studies on indoor radon and lung cancer, the World Health Organization is recommending that homeowners remediate radon levels that exceed 2.7 picocuries per liter (pCi/L).  WHO’s prior threshold  — and the U.S. Environmental Protection Agency’s current recommended action level –  is 4.0 pCi/L.   According to WHO, radon is the second cause of lung cancer in the general population, after smoking, and epidemiological studies have provided convincing evidence of an association between indoor radon exposure and lung cancer, even at the relatively low radon levels commonly found in residential buildings.   » Read the rest of this entry «

By Joshua Kaplowitz, Esq., LEED

On June 26, the House of Representatives approved the American Clean Energy and Security (“ACES”) Act, legislation aimed at curbing greenhouse gas (GHG) emissions.  While most of the media attention has centered around the bill’s establishment of a mandatory cap on GHG emissions and a complex emissions credit market (i.e. “cap-and-trade”), ACES contains several sweeping provisions which will dramatically impact the green building industry and national land use policies.

» Read the rest of this entry «

With some modifications Senate Bill S-2577 (A-3772), allowing the conversion of age-restricted housing developments, has finally been signed by Gov.  Jon S. Corzine and takes effect immediately.  As reported earlier, the new legislation permits the conversion of age-restricted housing units to non-age-restricted housing units and modifies laws concerning affordable housing.  In May, Gov. Corzine returned the legislation back to the Senate with recommendations.  The new law has evolved to better protect municipalities, making it clear that the reviewing municipal board should approve the conversion where there is no substantial detriment to the public good or impairment of the the intent and purpose of the zone plan and zoning ordinance.  The appeal language has also been modified, allowing an appeal directly to court.  Unlike a typical prerogative writ action, however, the appeal must be filed within 30 days of the applicant’s receipt of the resolution of denial.  For further details and a copy of the Advanced Law click here. 

On May 4, 2009, Governor Corzine returned Senate Bill No 2577 back to the Senate with recommendations, indicating that he was concerned that the “bill does not go far enough in ensuring the provision of housing for those whose needs the private market has not addressed, and further recommend providing local governmental units with additional approval authority in matters of planning for residential developments.” The bill, as discussed in a prior post, would permit the conversion of age-restricted housing developments to non-age restricted  housing developments under certain circumstances.  In application, it would make modifications to the municipalities affordable housing requirements.   » Read the rest of this entry «

On March 31, 2009, Governor Corzine signed into law The Residential Development Solar Energy Systems Act, which will require developers to provide more information and options regarding renewable energy to potential buyers.  The Act applies to residential developments with 25 or more units (that are owner occupied) and requires the developer to include information on solar energy systems and the specific costs in the developer’s advertisements.  Click here to view the Pamphlet Law

On March 16, 2009, the New Jersey Assembly and Senate adopted bill A3772/S2577.  If signed by the Governor, the act would allow for the conversion of age-restricted housing units, pending approval by the local planning or zoning board (who seem to have very little discretion to deny the conversion).  The Bill has met with substantial resistance from local governments and it remains to be seen if it will be signed into law by the Governor. 

To be eligible for conversion, the developer must agree to set aside a percentage of the units in the development (not to exceed 20 %) for the provision of affordable housing.  These units would count towards fulfilling the municipality’s affordable housing obligation.  To be eligible for conversion, the developer must have received preliminary or final approval prior to the bill’s effective date and the developer can not have any deposits from buyers.  » Read the rest of this entry «