Author Archive | James E. Jaworski

ShopRite Coming to Wyckoff – FINALLY

We are extremely pleased to celebrate with our client, Inserra Supermarkets, that one of our long-standing development projects is nally about to commence construction. Filed back in the Fall of 2009(!!), the application of Inserra Supermarkets, Inc. was unanimously approved by the Wyckoff Planning Board after an incredible 38 public hearings. The Resolution of Approval […]

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Recent Land Use Litigation

Several significant Land Use matters have been brought before both the Superior and Appellate Division Courts recently by members of our office. Our office successfully argued before Superior Court Judge Meehan, who sustained the unanimous approval secured from the Wycoff Planning Board for Inserra Supermarkets. In its sixty-three page decision, the Court dismissed all aspects […]

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Time Of Submission

On May 5, 2011, a huge hole in the Municipal Land Use Law was finally closed when the Time Of Submission Law went into effect. Previously, applications submitted for development approvals were subject to municipal ordinances in effect at the time the decision was rendered. Thus, an applicant could go through the time and expense […]

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Site Remediation In New Jersey

The landscape continues to change around the new Site Remediation Reform Act (“SRRA”). You may recall prior Legal Update discussions about SRRA and the total overhaul of the regulations governing environmental clean-ups. Certain aspects of the SRRA are already in flux. The comment period for these regulatory revisions, published on October 4th, closed on December […]

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New Jersey Stimulus For Development

Just last summer, the statewide Nonresidential Development Fee Act was enacted on July 17, 2008. The Act preempted any municipal affordable housing or “COAH” fee ordinance and mandated that any nonresidential development be assessed a fee equaling 2.5% of the equalized assessed value of the improvements and land of the new development (the “2.5% Fee”). […]

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Permit Extension Act of 2008

One need not be formally trained in economics to recognize the signs of a significant downturn in the health of the American economy. Sub-prime mortgages have precipitated a “correction” of fairly major proportions in the real estate market. Significant negative economic factors are challenging the banking, real estate and construction sectors throughout New Jersey. Believing […]

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Highlands Development Still in Limbo

In August 2004, only days before announcing he was leaving office early, then Governor Jim Mc Greevey signed into law the Highlands Water Protection and Planning Act (the “Highlands Act”). Although a clearly well-intentioned attempt to positively impact the quality of drinking water for many New Jersey residents, the Highlands Act immediately created havoc for […]

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New Septic System Regulations

In a recent edition of Legal Update, we called your attention to the NJDEP regulations governing septic systems. In effect since March, 2001, the new regulations virtually eliminated development in non-sewered areas. Extremely expensive “water quality management plans” were mandated by any project proposing 6 or more single family homes or approximately 16,000 square feet […]

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N.J. New Septic System Regulations

Development in Non-sewer Areas Difficult On March 20, 2001, new septic system regulations were put in place by the New Jersey Department of Environmental Protection. These new regulations, which were conceived through Governor Whitman’s Executive Order 109, are ostensibly aimed at preventing “sprawl.” The real effect is a virtual moratorium on certain types of development. […]

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Legislative Update 2001

A very large “hole” in the Municipal Land Use Land may soon be closing. New Jersey’s Assembly recently approved A-3366(Bondi) which will freeze ordinances at the time a land use application is deemed complete. It has long been a frustrating and expensive problem for developers when a municipality changes relevant sections of its zoning, subdivision […]

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