Earlier today, the Appellate Division issued its decision on the challenges to COAH’s Round III substantive regulations, N.J.A.C. 5:94. There are many nuances to the 127 page opinion (and not all of the challenged regulations were reversed), but here are some highlights.
1. COAH has six months to adopt new regulations consistent with the decision.
If bills recently introduced in the Assembly and Senate become law, municipalities may not have the right to transfer up to half of their affordable housing obligations pursuant to Regional Contribution Agreements (“RCAs”). Both bills, A-3857 and S-2451, will prohibit a municipality to address any portion of its fair share obligation by using RCAs
On February 18, 2007 Kevin J. Moore, Esq., Co-Chair of the Land Use and Development Law Practice Group, will be a panelist on the Urban Land Institute Program, Historic Preservation Opportunities and Challenges in Urban New Jersey. The moderator of the panel will be Peter Primavera, President of the Cultural Resource Consulting Group. The other
By Eric Peterson of GlobeSt.com
NEWARK-The Newark Real Estate Board, founded at the end of World War I but largely dormant for the past two decades, is back in business. The group has been around in name only for most of that hiatus, but it’s now back in full swing, backed by some of the
COAH recently proposed new regulations, which among other changes will give it some oversight over the fees municipalities may collect from developers in lieu of constructing affordable housing units onsite. These fees have been one of the most controversial aspects of COAH’s Round Three regulations as was detailed by Thomas Jay Hall, Esq. in his
In a decision released this morning, the New Jersey Supreme Court upheld the Appellate Division decision in Mount Laurel Township v. Mipro Homes, LLC ( Docket A-85/86-05). The Supreme Court affirmed the right of the municipality to use eminent domain for open space, even in the absence of any prior plan designating the land as
Assemblyman John F. McKeon (D-27th District) has introduced a bill in the New Jersey State Assembly—A-3640—which proposes amendments to the New Jersey State Highway Management Act, N.J.S.A. 27:7-1, et seq., that will expand the New Jersey Department of Transportation’s access permit purview to include the construction and maintenance of a driveway or public street or
The State has long encouraged the private preservation of historic structures, but has offered precious little monetary support towards such efforts. With the Historic Property Reinvestment Act, now pending before the State Legislature as Assembly Bill No. 896 and Senate Bill No. 2030, the State is finally proposing a significant new tax credit program to
The New Jersey Meadowlands Commission recently proposed new regulations regarding affordable housing. If adopted, all development projects within the Meadowlands District will be required to include affordable housing onsite or the developer of such projects will be required to make a payment in lieu of actually constructing affordable units. See 38 N.J.R. 3762(a). These regulations
The 5th Annual RealShare New Jersey conference, presented by Real Estate Media, will highlight office sector recovery and redevelopment activities. Kevin Moore, a Member of the Firm’s Real Estate Practice Group, will moderate a panel entitled “Finding and Following Through on Redevelopment Opportunities.”
Date: 10/3/2006
Time: 8am – 2pm
Location: Teaneck Marriott Glenpointe
Address: 100