Gibbons Law Alert

Gibbons Law Alert

Tagged: Regulations

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.

Inside NJDEP: Agency Releases “Transformation Plan,” Posts Employee Complaints and Suggestions

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Posted in Environmental and Green Issues

On October 22, 2010

How can the New Jersey Department of Environmental Protection (NJDEP) be improved? The agency released two different perspectives on that question over the past few weeks: a “top-down” view in the form of a “Transformation Plan” for reforming NJDEP, and a “bottom-up” view in the form of a compilation of hundreds of complaints and suggestions from NJDEP employees.

NJDEP Proposes Relief From Site Remediation Reform Act Requirements

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Posted in Environmental and Green Issues

On October 7, 2010

On October 4, 2010, the New Jersey Department of Environmental Protection (NJDEP) formally proposed revisions to the Site Remediation Reform Act’s (SRRA) interim rules. The revisions impact two important components of the interim rules: remediation deadlines and vapor intrusion investigations. These technical amendments are based upon stakeholder input and are intended to reduce the burden on the regulated community and New Jersey’s newly minted Licensed Site Remediation Professionals (LSRPs).

Want to Expedite Your Real Estate Development Approvals in New Jersey? Want to Get Your Building Permit as Soon as Possible? Did You Know About This Regulation?

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Posted in Development/Redevelopment

On August 4, 2010

In New Jersey, it is very typical for a municipality’s building department to refuse to accept a developer’s construction drawings until the developer has received all of its local, county, state, and other applicable agency approvals (e.g. site plan approval, an NJDEP permit; or an NJDOT permit). This should not be happening.

When and Who?: New Jersey, U.S. Supreme Courts Grapple With Beachfront “Takings” Issues

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Posted in Development/Redevelopment

On July 28, 2010

“Beach nourishment” and “beach restoration” projects, where sand from other locations (often the ocean bottom) is dumped on a beach to retard erosion or to repair its effects, is expensive. It also raises complex issues of fairness and equity about who should pay for the projects and who should be compensated for their negative effects. In two decision handed down in June, the New Jersey and United States Supreme Courts grappled with another often controversial aspect of these projects: when can beachfront owners allege that the project has actually taken their property, triggering the requirement of “just compensation” found in the New Jersey constitution and the Fifth Amendment to the federal constitution?

New Jersey Proposes Addition of Solar Power Facilities to its Green Initiative

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

On July 26, 2010

Solar and Wind Energy Generation facilities may soon join the category of uses designated as permitted of right by New Jersey statute rather than by individual municipal ordinance, thus preempting municipal zoning powers granted under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (MLUL). Identical Bills, Senate S2126 and Assembly A3139 are pending before their respective house of the New Jersey’s legislature and would amend the MLUL to provide that Solar and or Wind Energy Generation Facilities, when installed on the sites of former landfills, quarries and other extractive industries, are permitted uses. This status would be equally applicable to both public and private sites where landfills, quarries or other extractive industries are closed or closing.

Tic, TAC, No Dough for Innocent Landowner in NJ Who Sells Property Before Brownfield Grant

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Posted in Development/Redevelopment / Environmental and Green Issues

On July 20, 2010

Last year, the Appellate Division in TAC Associates v. NJDEP, 408 N.J. Super. 117 (App. Div. 2009) had held that an applicant under the NJ Brownfield Innocent Party Grant, N.J.S.A. 58:10B-5, need not be a landowner at the time of application for such Grant. In so ruling, the Appellate Division invalidated NJDEP regulations that imposed an ownership requirement, a requirement absent from the underlying statute.

Time-out: Pennsylvania Passes Permit Extension Act

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Posted in Development/Redevelopment

On July 16, 2010

Last week, Governor Rendell signed the Permit Extension Act (“Act”) into law as part of the approval of the budget, breathing life into expired and expiring permits and the development projects they represent. The Act, found at pages 99-110 of the budget bill, extends the expiration date of many governmental approvals, permits and agreements, including building permits and construction permits, relating to construction and development projects.

This Rule will K(NOx)ck Your SOx Off – EPA Proposes New Clean Air Rule

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Posted in Environmental and Green Issues

On July 7, 2010

On July 6, 2010, the USEPA proposed a new interstate transport of ozone and fine particulate rule for power plants. The goal of the rule is to achieve by 2014 a 72% reduction of sulfur dioxide (SO2) and a 54% reduction of oxides of nitrogen (NOx) from 2005 levels. The tri state area, like most of the states east of the Mississippi, is covered by this rule for both fine particulates and ozone. The sulfur and nitrogen oxides are fine particulates in the air.

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