Currently browsing: Land Use, Zoning and Development

Where Has the Time (of Application Rule) Gone?

The Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1, et seq. has remained a constant for many years with few changes.  One of the only recent additions to the statutory scheme has been the “Time of Application” rule, N.J.S.A. 40:55D-10.5, which was enacted in 2010.  The Time of Application rule provides that the regulations in effect [...]
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Experts and Land Use Boards: License to Testify?

Hearings before land use boards often involve fact witnesses and expert witnesses who provide the factual and legal basis upon which a board renders its decision. Expert testimony in the land use context is most often presented by professionals in the fields of engineering, architecture, and professional planning. Neither the Municipal Land Use Law (“MLUL”) […]

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Innocent Purchasers of Contaminated Property

New Jersey’s Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., governs liability regarding a property upon which hazardous substances have been discharged. The Act states that anyone “in any way responsible” for hazardous substance discharge is strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs. Land purchasers in […]

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Time of Submission is Key for Land Use Applications

As you may recall from past Legal Updates, the New Jersey Legislature made a sweeping change to the application procedure dictated by the Municipal Land Use Law. Prior to 2011, applications submitted for development were subject to municipal ordinances in effect at the time the decision was rendered by the Board. This meant that pending […]

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MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO

MULTI-FAMILY HOUSING- THE DAYTON AND CHESTNUT VILLAGE IN RIDGEWOO COMING TO RIDGEWOOD For the last several years, Tom Wells and Andy Kohut of our office, have lead an effort to convince the Ridgewood Planning Board to amend the Village Master Plan and Zoning, to permit several new high density apartment projects downtown. Our clients, Garden […]

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