Category: Development/Redevelopment

Gibbons Directors Howard Geneslaw and Lawrence Lustberg to Speak at 2014 New Jersey Planning Conference

Howard D. Geneslaw, a Director in the Gibbons Real Estate Development practice group, and Lawrence S. Lustberg, a Director in the Gibbons Criminal Defense Department, as well as the Director of the firm’s John J. Gibbons Fellowship in Public Interest & Constitutional Law, will both speak at the “2014 New Jersey Planning Conference” presented by the New Jersey Chapter of the American Planning Association on January 23-24.

The Philadelphia Land Bank – What You Need to Know

One stop shopping. That is the goal of the bill that Philadelphia Mayor Michael Nutter signed into law on January 13, 2014, creating the Philadelphia Land Bank. The Land Bank, which is to be fully operational by the end of this year, is intended to streamline and consolidate the process by which the City acquires and sells vacant and tax delinquent properties. The Land Bank will also act as the single repository for the approximately 9,500 vacant and surplus properties currently owned by the City through three separate entities: the City, the Philadelphia Redevelopment Authority and the Philadelphia Housing Development Corporation.

Funding Available for Site Remediation in New Jersey

On December 18, 2013, Susanne Peticolas, a Director in the Gibbons Real Property & Environmental Department, moderated a panel, “There May Be Money for Your Client for Site Remediation,” sponsored by the New Jersey Bar Association’s Environmental Law Section. The program focused on the Hazardous Discharge Site Remediation Fund (“HDSRF”). Michael Deely, Supervisor for NJDEP’s HDSRF program, cheered the audience by reporting that the long depleted fund once again has money for site remediation grants and loans.

Legislature Contemplates Extension of Moratorium on Statewide Non-Residential Development Fee

At the end of last week, the New Jersey State Senate (“Senate”) introduced Bill S3116 that proposes to continue the moratorium on the statewide non-residential development fee (the “Fee”) that expired on July 1, 2013. Since July 1, 2013, developers and land use attorneys have been in a state of flux with regard to whether the fee applies to development projects. If passed, this legislation would extend the moratorium to December 31, 2014.

Gibbons Director Douglas Janacek Named “2014 Lawyer Of The Year” in Land Use & Zoning Law by 2014 Best Lawyers

Gibbons is proud to announce that Douglas J. Janacek, Co-Chair of the Gibbons Real Property & Environmental Department, was the only New Jersey lawyer to be named a “2014 Lawyer of the Year” in Land Use & Zoning Law in the 2014 edition of Best Lawyers®. Mr. Janacek was recognized in the Newark, NJ region. Since 2009, Best Lawyers® has been designating “Lawyers of the Year” in the U.S. in high-profile legal practice areas. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year.”

Throw Out Your Old SEQRA Forms – The Revised Model SEQRA Environmental Assessment Forms Take Effect October 7, 2013

Among the many sweeping changes made in recent years to New York’s State Environmental Quality Review Act (“SEQRA”), including pending SEQRA amendments and a revised SEQRA handbook, are the adoption of revised model environmental assessment forms (EAFs). The new forms were adopted by the New York State Department of Environmental Conservation (NYCDEC) back in January of 2012 and become effective as of Monday, October 7, 2013. The new EAFs can be found on NYCDEC’s website.

MPC Alert: Amendments to Notice Requirements under PA Municipalities Planning Code

Starting August 31, 2013, municipalities will have to provide advance notice electronically or by mail of certain proceedings to landowners who have requested such notice in writing. Under amendments to the Pennsylvania Municipalities Planning Code signed into law by Governor Tom Corbett on July 2, 2013, municipalities must provide landowners with the requested electronic notice or mailed notice of public hearings regarding the enactment of zoning ordinances and amendments.

The Price Must Be Right: U.S. Supreme Court Extends “Nexus” and “Rough Proportionality” Requirements to Monetary Exactions Linked to Development Proposals

It has long been the law that regulators may not condition the grant of a land-use permit on the owner’s relinquishment of an interest in the property unless there is both a “nexus” and “rough proportionality” between the government’s demand and the effects of the proposed land use. In a case that may have been overlooked amidst several landmark decisions handed down in the same week, the U.S. Supreme Court ruled that these requirements also apply to monetary exactions.

Gibbons Director Howard Geneslaw to Speak at Upcoming NJSBA & NJICLE Land Use Program

Land use lawyers play a very important role in the building process in New Jersey. Navigating all of the litigation hurdles that can come up while the project progresses, from conception to development, requires specific skills, knowledge, and strategy. Land use attorneys are heavily involved in actual project development, whether the client is a private party, local government, or state agency. It is important to stay up-to-date on the various types of land use litigation scenarios that can arise.

Gibbons Advises NAIOP Award Winners on “Office/Mixed Use Deal Of The Year ” and “Industrial Deal of the Year”

The New Jersey Chapter of the National Association of Industrial and Office Properties (NAIOP – NJ) has named the development deal between Bayer Healthcare and Vision Equities/Rubenstein Partners as its “Office/Mixed Use Deal of the Year” and Ahold eCommerce’s Pulaski Distribution Center as its “Industrial Deal of the Year.” Gibbons P.C. played a significant role on behalf of Bayer in this deal, and the firm assisted Ahold in its complex transaction.