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 «
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 «
July 29th, 2009 | Posted by:
By Cynthia DeLisi, Esq.
Gov. Jon S. Corzine signed into law the New Jersey Economic Stimulus Act of 2009 on July 27. The Act is intended to spur economic growth in the state “through the use of tax increment financing, tax credits, development fee suspensions, and dedicated economic development revenues, along with a more efficient redevelopment process.” Some provisions in the Act are significant for the development community:
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July 17th, 2009 | Posted by:
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.
May 28th, 2009 | Posted by:
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 «
April 23rd, 2009 | Posted by:
By Joshua M. Kaplowitz, Esq. & Mahari Bailey, Esq.
After just a few weeks, it is clear that the Obama Administration has ambitious plans for the green building industry. The recently passed economic stimulus package, the American Recovery and Reinvestment Act of 2009 (“ARRA”), contains over $25 billion in funding for energy efficiency in federal buildings, schools and homes—a sizeable sum, though somewhat less than in earlier versions of the bill. The President has also sent strong signals that the Federal Government intends to play an active role in raising efficiency standards and incentivizing green building in the private sector; in fact, even more green building legislation is already on the table. This “Green Rush” could present enormous economic opportunities for developers, contractors and building owners. Of course, with opportunity comes risk, including a number of legal hurdles and pitfalls that companies and industries must avoid as they jockey for position in the upcoming Green Rush. » Read the rest of this entry «
March 18th, 2009 | Posted by:
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 «
February 19th, 2009 | Posted by:
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (H.R. 1) (the “Act”). The purpose of the Act is to create and save jobs, jump start our economy, and build the foundation for long-term economic growth. The Act includes measures to modernize infrastructure, enhance energy independences, expand educational opportunities and various other programs. The Obama Administration has promised transparency when allocating funds authorized by the Act so as to avoid some of the waste that has frequently marred government spending over the past few decades. To this end the Administration has established a watchdog agency called the Accountability and Transparency Board and has created a web site, www.recovery.gov, which allows the public to track the stimulus money. There are also links to sites where you can search, monitor and review: (1) grant opportunities at www.Grants.gov; (2) contract opportunities at www.FedBizOpps.gov; and (3) loan opportunities at www.GovLoans.gov. There is also a web site regarding government benefits at www.GovBenefits.gov.
January 1st, 2009 | Posted by:
In response to a national recession, the New Jersey Assembly and Senate passed the Permit Extension Act of 2008 (“Act”), which was signed into law on or about September 6, 2008 by Governor Corzine . The Act suspends the expiration of most state, county and local approvals and permits in existence during the “extension period” running from January 1, 2007 through July 1, 2010. However, the Act specifically excludes permits involving the federal government, municipal approvals for residential developments where the land subsequently has been rezoned for either industrial or commercial use, permits for development in environmentally sensitive areas and some permits issued by the Department of Transportation and the Department of Environmental Protection. The act also excludes from coverage permits and approvals that are in “environmentally sensitive areas” which include certain Planning Ares (4B and 5).
» Read the rest of this entry «