When presenting an application before a Planning Board, one of the issues which a Board may seek to delve into is the impact a proposed development will have on the off-site traf c conditions. However, as is often misinterpreted, this does not give a Planning Board the authority to deny an application based on its […]
Author Archive | Andrew S. Kohut
What Can I Do On My Own Property? A Primer on Permitted Uses
Imagine your family has owned a property your great grandfather purchased in 1920. Now imagine that when you try to get a permit from the town, they tell you their records do not indicate that the use on the property was ever approved by the town for its present use. Oh, and by the way, […]
New Jersey Supreme Court Rejects COAH’s Rules
Hot off the press, in a September 26, 2013 Opinion, the New Jersey Supreme Court rendered their decision on In re Adoption of N.J.A.C. 5:96 &5:97 by Council on Affordable. The Court found that the most recent reiteration of the Third Round Rules established by the Council of Affordable Housing (“COAH”) were contrary to the […]
When To Use A Land Use Contingency
Many first time homebuyers that I represent commonly comment about how stressful the process of purchasing a home is. And with the status of the lending industry, one could hardly blame them for feeling that way. However, this writer shutters to think of how this homebuyer would react to the process of purchasing anything more […]
N.J. Affordable Housing
It appears that the state of flux concerning New Jersey’s affordable housing obligation will continue. On October 8, 2010, the Appellate Division invalidated crucial components of the revised third-round rules implemented by the Council of Affordable Housing in 2008. These revised rules were in response to the Appellate Court’s 2007 decision which invalidated COAH’s original […]
The Ever Changing World of New Jersey’s Affordable Housing Obligation
In Southern Burlington County NAACP V. Twp of Mount Laurel, 92 N.J. 158 (1983) the Supreme Court reiterated that every municipality has a constitutional obligation to provide affordable housing to its citizens earning low and moderate incomes. As a result, in 1985 the New Jersey Legislature enacted the Fair Housing Act and the Council on […]
When Does Condemnation Go Too Far?
The first thing people think of when they hear words “condemnation” or “eminent domain” is the government’s ability to take property with dilapidated buildings or vacant wastelands and rejuvenate the land for a public purpose. However, in 1992, New Jersey passed the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1, causing a renaissance in the […]
New Jersey Requires That You Promptly Pay The Contractor
On September 1, 2006, Governor Joe Corzine signed legislation formalizing prompt payment of construction contracts to prime contractors by landowners in both the private and public sectors. The government believes prompt payment to prime contractors will result in subcontractors and all other laborers being compensated more quickly for work each performed. Prime contractors have been […]