Governor Christie Signs “Time of Application” Bill
May 5, 2010
Posted by Michael A. Bruno
Long awaited by land use practitioners, Governor Christie signed Senate Bill No. 82 on May 5, 2010. The new law, which becomes effective a year from today, amends the Municipal Land Use Law and provides that municipal regulations in effect on the date of submission of a development application shall govern for purposes of review and decision on that application. Except for issues relating to health and safety, any subsequent changes to municipal development regulations shall not apply to a submitted application. This rule has been long awaited since the stinging 1995 decision by New Jersey’s Supreme Court in Manalapan Realty v. Township Committee. In the Manalapan case, the Township amended its zoning ordinance during the pendency of a site plan application for a new Home Depot store as a result of public opposition to the site plan. Under the new legislation, municiplities will no longer be able to amend its zoning ordinance to prohibit a use or amend its bulk requirements to prohibit or limit a use as to pending applications.
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Redevelopment, The Pendulem Continues to Swing Towards Private Property Rights
May 5, 2010
Posted by Michael A. Bruno
In the summer of 2007 we predicted that the New Jersey Supreme Court decision, Gallenthin Realty Development Inc. v. Borough of Paulsboro, marked the swinging of the pendulum against the use of eminent domain in the redevelopment context in New Jersey. Unfortunately for those believing in the merits on which the redevelopment law was founded, our analysis was “spot on” and New Jersey court’s have continued to chip away at the redevelopment laws. The court’s most recent decision Cottage Emporium, Inc, et.al. v. City of Long Branch, et.al., decided April 16, 2010, continues to highlight the heightened standard imposed by Gallenthin and the critical importance of the redevelopment study conducted by a municipality in connection with its redevelopment designation. Unfortunately, until we see a case with facts that provide a solid planner’s report based upon substantial evidence to support the municipalities designation and choice of criteria under the Local Redevelopment and Housing Law, we will likely continue to see the court’s reject redevelopment designations. For analysis of the Gallenthin case, please click here.
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Tags: Gallenthin > Local Redevelopment and Housing Law > Long Branch Redevelopment > Redevelopment
Zoning Standards: The Tough Get Tougher
May 5, 2010
Posted by Marc Policastro
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. In Saadala v. East Brunswick Zoning Board of Adjustment, A-4999-08, a New Jersey appellate court determined that under the facts of that case, a “substantial change” was proposed for the redevelopment of a 7-Eleven and mini mart. Consequently, the court refused to apply a relaxed legal standard and instead required application of the traditional Medici which is implemented in traditional use variance cases. In the Saadala case, a Shell gas station and 7-Eleven had been in operation as a “preexisting use” for many years. Over time, the gas station use component had ceased. The redevelopment project called for a larger gas station, with other basic improvements to qualify it as a “mini mart”. The court emphasized that a substantial change in a use required strict application of the Medici standard, even where the redevelopment plan contemplates uses that had harmoniously coexisted for years. Returning brownfield sites — abandoned, underutilized properties — to viable, productive projects, just became more difficult.
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Tags: Brownfields > LinkedIn > Medici > NJDEP > Redevelopment > Zoning
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