New “Vertical GDP” Law Provides Options to Developers

Posted by on Jul 19, 2011 in Developer's Agreements, General Information, Legislation, Municipal Land Use Law, Redevelopment, Retail/Commercial

By: Michael J. Lipari, Esq.
In an effort to provide certainty to development projects in the urban and more developed areas of the State, legislation has been adopted that extends general development plan (GDP) protection to large development projects situated on smaller sites.

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Court Holds Inclusionary Development Qualifies as “Inherently Beneficial Use” in Use Variance Applications

Posted by on Jul 8, 2011 in COAH and Affordable Housing Issues, Variances

By: Henry T. Chou, Esq.
On June 16, 2011, the Law Division of the Superior Court issued a decision in Estaugh Commons v. Haddonfield Borough Zoning Board of Adjustment that makes it harder for municipal land use boards to deny use variance applications by developers seeking to build affordable housing. At issue in the lawsuit was whether an inclusionary development proposed by a private developer should have been considered an “inherently beneficial use” by the Zoning Board of Adjustment when evaluating the developer’s use variance application.

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Governor Christie Issues “Reorganization Plan” to Abolish COAH

Posted by on Jul 1, 2011 in COAH and Affordable Housing Issues

By: Thomas F. Carroll, III, Esq.
On June 29, 2011, Governor Chris Christie issued a “Reorganization Plan” designed to abolish the Council on Affordable Housing (“COAH”). Unless both houses of the New Jersey Legislature pass a concurrent resolution within 60 days disapproving of the Reorganization Plan (“RP”), the RP will become effective and COAH will be formally abolished.

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