The Redeveloper

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Due Diligence and the Bermuda Triangle: Getting it Done

Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due diligence can make or break a deal, and there is a lot on the line for those charged with getting it right.  (1)   From an environmental perspective in New Jersey, that can be daunting. The Bermuda Triangle of diligence […]

Updated DEP Fill Material Guidance To Facilitate Redevelopment

Developers of brownfields and sites regulated by the New Jersey Department of Environmental Protection’s (“DEP”) Site Remediation Program (“SRP”) often struggle with the issue of testing quarry/mine material used as fill.  Suppliers of quarry/mine material are typically reluctant to and often will not allow testing prior to delivery of the material, leaving developers at risk […]

NJDEP Announces New Guidance On “Unrelated Contamination”

The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation.  In essence, the roadmap provided by NJDEP addresses three basic scenarios where:  (1) contamination is suspected to […]

NJDEP Adopts Emergency Rules to Facilitate Reconstruction of Commercial Development and Marinas Impacted by Hurricane Sandy

On April 16, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) adopted emergency amendments to the Coastal Permit Program Rules, N.J.A.C. § 7:7 and Coastal Zone Management Rules, N.J.A.C. § 7:7E that are aimed at facilitating prompt and resilient reconstruction along the Jersey Shore in the wake of Superstorm Sandy.  Among the beneficiaries of […]

Christie Administration Goes Solar

On April 22, 2010 Governor Christie signed into law S-921, which is intended to smooth the way for zoning approvals involving solar panels.  The new law specifically exempts solar panels in the calculation of “impervious coverage” as defined under the Municipal Land Use Law.  Similarly, solar panels are not to be considered in determining agricultural […]

Zoning Standards: The Tough Get Tougher

New Jersey’s zoning laws should promote revitalized use of properties which have been neglected, or fallen into nonuse status.  Right?  Not so fast. A recently decided New Jersey Appellate Division case further erodes the notion that redevelopment, or “brownfield” cases should enjoy any type of relaxation in the application of legal standards to be applied in zoning decisions. […]