Hurry Up and Wait: Seeking Rezonings Under COAH’s New Rules

Posted by on Jan 26, 2009 in COAH and Affordable Housing Issues

Published in January 15, 2009 Special COAH Edition of New Jersey Builders Association Dimensions Newsletter
By Stephen Eisdorfer, Esq.
In a flurry of activity over the past several weeks, COAH has established timetables and procedures for municipalities to file housing plans. These new timetables and procedures create both potential opportunities and potential frustrations for builders.

Read More

New Legislation Governs “Green” Construction

Posted by on Jan 10, 2009 in Green Building

Published in December 2008 Issue of Builder/Architect Magazine, Greater New Jersey Edition
By: Thomas F. Carroll, III, Esq. and Michael J. Lipari, Esq.
Builders, architects, planners and designers see the increasing need to explore environmentally friendly or “green” elements of construction. But these efforts are sometimes halted by the cost of implementing green systems, the time required to keep up with new technologies, and the time and cost associated with learning about the new technologies. The dilemma of whether to invest in green building in New Jersey may soon be resolved, at least with regard to the use of solar power to generate electricity into new projects. Several initiatives have been introduced in the Legislature that, if passed, will require builders and developers to incorporate solar energy systems into their projects as a prerequisite to governmental approval. At first glance this may appear to be yet another barrier to achieving an economically feasible building project in New Jersey, but certain initiatives such as roof warranty funds and state and federal tax credits are also on the horizon, which may provide enough incentive for building professionals and property owners to “go green.“

Read More

Municipalities Submit Housing Plans to COAH by December 31, 2008 Deadline

Posted by on Jan 5, 2009 in COAH and Affordable Housing Issues, Highlands

By: Henry T. Chou, Esq.
By the end of the day on December 31, 2008, 234 out of 302 eligible municipalities had filed housing elements and fair share plans (“housing plans”) with the New Jersey Council on Affordable Housing (“COAH”). By doing so, those municipalities maintained their immunity from builder’s remedy lawsuits. With the exception of municipalities in the Highlands that were previously under COAH’s jurisdiction, municipalities that have not filed housing plans with COAH are now vulnerable to builder’s remedy lawsuits. In mid-December 2008, the New Jersey State League of Municipalities and several legislators requested COAH and Governor Corzine to grant an extension of the December 31 deadline, but the requests were denied.

Read More