Appellate Division Strikes Zoning Ordinance That Limits Powers of Zoning Boards; Suggests Cap on Density Variance

Posted by on Dec 18, 2008 in Municipal Land Use Law

By Michael J. Lipari, Esq.
In a case styled Price v. Strategic Capital Partners, LLC, et al., approved for publication on December 16, 2008, the Appellate Division upheld a trial court determination that a zoning ordinance violates the Municipal Land Use Law if it prohibits a zoning board from hearing an application for use variance. The Court also stated that a density variance allowing a project with three-times the permitted density was closer to a change in zoning than it was to a variance.

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New Jersey Supreme Court Upholds Challenge to Highlands Act

Posted by on Dec 15, 2008 in Highlands

By Michael J. Lipari, Esq.
The New Jersey Supreme Court upheld an Appellate Division decision that dismissed a challenge to the Highlands Water Protection and Planning Act, N.J.S.A. 13-20-1 et seq. The result of this decision, which is the first challenge to the Highlands Act to be heard by the Supreme Court, further stymies any chance of judicial invalidation of the Act. The opinion itself does not provide any additional reasons, but merely relies upon the August 10, 2007 opinion issued by the Appellate Division.

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Fort Monmouth Economic Revitalization Planning Authority and COAH Poised to Enter into Memorandum of Understanding Concerning Development of Affordable Housing

Posted by on Dec 8, 2008 in COAH and Affordable Housing Issues, Fort Monmouth Redevelopment

By Henry T. Chou, Esq.
Wtih the closing of Fort Monmouth approaching in just over two years, the Fort Monmouth Economic Revitalization Planning Authority (FMERPA) moved promptly to adopt its “Fort Monmouth Revitalization Plan” on September 3, 2008. The Plan, which provides proposals for the reuse of the base, calls for various types of development, including market-rate and affordable housing.

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COAH Signs Memorandum of Understanding With New Jersey Highlands Council and Imposes Indefinite Moratorium Against Building in the Highlands

Posted by on Dec 1, 2008 in COAH and Affordable Housing Issues, Highlands

By: Henry T. Chou, Esq.
On November 12, 2008, the New Jersey Council on Affordable Housing (COAH) issued a Resolution imposing scarce resource restraints, indefinitely barring development in Highlands towns that are within COAH’s jurisdiction, with the exception of single-family or duplex homes on existing lots, residential housing that includes a 20 percent set-aside for affordable housing, or projects that are exempt or have obtained a waiver under the Highlands Act. COAH’s stated purpose for the moratorium was to “preserve scarce land, water and sewer resources” that might be needed for the future development of affordable housing in the Highlands.

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