Appellate Division Ruling Reinforces Key Provisions of NJDEP’s Water Quality Management Planning Rules

November 8th, 2011 | Posted by: Christopher DeGrezia 0| comments:

DSC_0133By 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 «

Non-Residential Development Fee of 2.5% is Reinstated

September 20th, 2010 | Posted by: Christopher DeGrezia 1| comments:

Affordable HousingAs of July 1, 2010, the 2.5% fee on non-residential development is once again in effect.  This 2.5 % fee was originally applied in 2008 with the enactment of the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1-8.7) and was later suspended  as part of the New Jersey Stimulus Act of 2009.   With the introduction of Senate Bill S-1, it was anticipated that the 2.5% commercial fee would be eliminated or removed from the affordable housing formula.  S-1 passed the Senate in June, 2010 but has been held up by the House for further discussion.  As we work through the affordable housing mess, developers and municipalities should be cognizant that the 2.5% non-residential development fee is currently in effect.  This could and should change soon but as of July 1, 2010, the fee is no longer suspended.  Stay tuned as these issues will be further reviewed and discussed this fall.

Pending Legislation Abolishes Council on Affordable Housing and Nonresidential Development fees

May 7th, 2010 | Posted by: Christopher DeGrezia 0| comments:

COAHIf 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 «

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 0| comments:

2009-02-17 Transfer 426By 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 «

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