Gibbons Law Alert

Gibbons Law Alert

Author: Howard D. Geneslaw

Gibbons to Exhibit at ICSC New York National Conference & Deal Making

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Posted in Development/Redevelopment

On December 3, 2010

The Gibbons Real Property & Environmental Department will once again exhibit at the International Council of Shopping Centers (“ICSC”) National Conference & Deal Making Idea Exchange at the Hilton New York on December 6-7. The Department’s booth will be in the same location as prior years, #490 in America’s Hall II. Stop by and meet with some of the Department’s six attorneys who will be attending. Show hours are Monday, December 6, from 9:00 am to 5:30 pm, and Tuesday, December 7, from 8:30 am to 4:00 pm.

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions

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Posted in Development/Redevelopment

On November 5, 2010

Due to the current economic climate and project financing difficulties, Section 276(7)(c) of the New York Town Law was recently amended to allow planning boards greater flexibility in extending subdivision approval beyond the two ninety (90) day extensions previously allowed. Town Law 276(7)(c) provides that a conditional final subdivision plat expires 180 days following the date of the resolution of approval unless all conditions are satisfied. It further authorizes planning boards to grant two extensions, having a duration of ninety (90) days each, after expiration of the original 180-day timeframe for satisfaction of conditions of approval.

Will the New Jersey Supreme Court Respect “Repose” for the Diligent Developer?

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Posted in Development/Redevelopment / Environmental and Green Issues / Transactional Real Estate and Leasing

On November 4, 2010

For a real estate developer in New Jersey, it seems that there is no “repose” when it comes to the finality of land use approvals. Repose you ask? While the word may garner images of warm weather days at poolside, a developer can only think of repose as the day the appeal period expires on hard-won land use approvals, especially after facing objecting citizens at multiple hearings.

Time is Running Out to Renew Expired New Jersey Liquor Licenses

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Posted in Liquor Licensing

On October 18, 2010

The time period to renew an expired New Jersey alcoholic beverage license is rapidly coming to a close and will end on November 8, 2010. Under a provision of the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., enacted earlier this year, a person holding an expired license, which was not renewed within the five years prior to May 6, 2010, may file for renewal of that license provided that (i) the applicant pay all renewal fees for the years in which timely renewals were not filed, and (ii) the applicant’s failure to apply for a renewal during that period was due to circumstances beyond his control or due to other extraordinary circumstances.

Here Comes the Sun: New Jersey Exempts Solar Panels from Impervious Coverage Limits

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Posted in Development/Redevelopment / Environmental and Green Issues

On August 6, 2010

A recently enacted New Jersey law encourages the use of solar energy by allowing solar panels to be excluded from the computation of impervious coverage when determining whether a development project complies with impervious coverage limitations. The new law, P.L.2010, c.4 , amends the Pinelands Protection Act, Coastal Area Facility Review Act, Highlands Water Protection and Planning Act, County Planning Act, Waterfront Development Law, and Municipal Land Use Law, as well as laws pertaining to the conversion of age-restricted community developments.

Development Regulations in New Jersey to be Locked in Upon Filing of Application: Time of Decision Rule Abolished

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Posted in Development/Redevelopment

On June 29, 2010

An amendment to the Municipal Land Use Law (MLUL) which Governor Christie signed into law on May 4, 2010, will protect developers from municipal zone changes that are rushed through, often as a result of public opposition, to thwart a specific development proposal. Under the new law, which takes effect in one year, the development regulations which apply to a project would be those in effect on the date the application is filed with the municipal land use board.

Bill on Affordable Housing Approved by NJ Senate, Heads to Assembly

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Posted in Development/Redevelopment

On June 28, 2010

Senate Bill S-1, which revises and reforms many of the statutes relating to affordable housing in New Jersey, was voted out of the Senate Economic Growth Committee on June 3rd with amendments. S-1 would abolish the Council on Affordable Housing (COAH) and would allow municipalities to administer their own affordable housing obligations. S-1 would eliminate State imposed calculations of affordable housing need and would permit local governments to take charge of planning for affordable housing.

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