You can view a copy of the executive order here. Municipalities are constitutionally required to exercise their zoning discretion to allow for reasonable opportunities for affordable housing. Under the Fair Housing Act, COAH was created for the purpose of creating and enforcing those obligations. Unfortunately, most on all sides of the debate over affordable housing have agreed that COAH has fallen far short of it's obligations and created at least as many problems as it has opportunities. Indeed, State Senator Raymond Lesniak has introduced legislation seeking to abolish COAH and create totally new mechanisms for creation of affordable housing. Where and how this issue will end remains to be seen, but certainly the Governor and Legislature are shaking up the "house" as relates to affordable housing.

1) Amend the bill to require a firm 20% set-aside for affordable housing (COAH or Mt. Laurel Housing) as opposed to the 20% being a cap on the amount of affordable housing; and
 

2) Granting municipal boards discretion to decline a conversion if they are not satisfied that the conversion will not cause substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zone ordinance. 
 

The bill now requires the legislature to amend the bill in accordance with the foregoing requirements.  A copy of the Governor's Conditional Veto is available online here.

An identical bill has been introduced in the New Jersey State Assembly and referred to the Housing and Local Government Committee.
 

The bill as approved by the Senate Economic Growth Committee and introduced in the Assembly may be accessed online here.

The contributions by Master Sponsors critically supported NJBA’s drive to promote the Permit Extension Act. Prospective Master Sponsors often ask, "why should we become Master Sponsors?" Despite the ultimate discussion about "return on investment," the direct and indirect marketing opportunities afforded to program participants and the exclusive access to industry insiders afforded to the Master Sponsors, the first reason Associate Members of the Builders Association are encouraged to join this elite program, is precisely this -- industry defense. What that means to builders, associate members of NJBA and Master Sponsors was fully on display in recent weeks.

First of all, any discussion of the Permit Extension Act would be remiss if we did not laud the officers and professional staff of NJBA for their masterful job in standing up for the industry, going toe to toe with powerful forces not that are not only used to getting their way, but also were intent on gutting the Permit Extension Act. While other organizations participated in the Smart Growth Economic Development Coalition, NJBA clearly took the lead in advancing the Act, providing much of the resources, informational tools and political savvy resulting in the overwhelming bipartisan passage of the Act now sitting on the Governor's desk and expected to be signed into law shortly. Despite the tremendous adversity, NJBA would not back down in their insistence on a strong industry-supported Act.

Master Sponsors were critical to these efforts. It easily can be said that the Act would not have been adopted, thousands of jobs not saved, and hundreds of millions of dollars invested not protected without the Master Sponsors. The biblical story of David and Goliath is notable simply because notwithstanding good intentions and a righteous cause, Davids rarely beat Goliaths without the strength and weapons necessary to do so. Master Sponsors provided those resources on various levels. Hundreds appeared at legislative hearings in Trenton when called upon to support the advancement of the Act. Not only did builders, officers and professional staff all appear in large numbers, but significantly the Master Sponsors made up much of the crowd standing behind the efforts of NJBA leadership and pressuring our State Legislators to support the Act without gutting it. The environmental lobby and their supporters, while out in numbers, did not begin to compare to the strength and numbers of NJBA supporters.

That Master Sponsors were out in numbers is not surprising because this elite group of industry supporters recognizes the importance of industry defense. As it has been said by many, notably Michael Kurpiel on numerous occasions, if the builders stop building today, we will be out of work tomorrow. Despite monumental opposition, we saved those jobs and opportunities! Master Sponsor's all know of the financial commitment to NJBA required to become part of this exclusive group. Revenue from the Master Sponsor program provides critical financial resources to the Builders Association necessary to allow NJBA to retain top professionals, recruit talented and resourceful officers, provide member mobilization resources (leading to those hundreds of people traveling to Trenton), and engage legal and technical expertise advancing passage of the Act, as well as many other resources. 

None of us need be told that these are tough times in the building industry. A few Master Sponsors who have regularly supported the program have struggled to find the resources necessary to justify remaining as Master Sponsors while other first time Master Sponsors recognize this as a critical time to defend and support the industry.

NJBA regularly advances opportunities for Master Sponsors because these are the elite organizations providing the resources for NJBA to protect the industry on various levels. Simply speaking, Master Sponsors deserve support not only for all they do to support the industry, but because Master Sponsors are key players providing product and services to the industry. Builders and Associate Members support and should support Master Sponsors not only for their efforts to protect the industry and save your job and mine, but because of their professionalism and extensive involvement in the industry. The next time someone asks "what do you do for me as a Master Sponsor," I encourage you to look them in the eye and proudly declare, my efforts led to the adoption of the Permit Extension Act, protections of our collective investments and literally our jobs. 

The New Jersey State Supreme Court upheld a lower court’s decision to allow ambush acquisitions stating towns and municipalities could proactively condemn property to prevent development. It is the position of the Builders League of South Jersey and others that this decision, if allowed to stand, will have a chilling effect on development in New Jersey and a negative impact on families with school children and developers of projects deemed politically undesirable.

The question raised is whether or not the Takings Clause of the Fifth Amendment to the Constitution prohibits a municipality from condemning private property for “public use” when the municipality’s public use determination is ad hoc, pretextual, and not part of a comprehensive planning process.

You can download the petition here.

Technorati Tags: New Jersey : Podcast :  MiPro : Real Estate :  Eminent Domain

Technorati Tags: New Jersey : MiPro : Eminent Domain : Open Space

Technorati Tags: New Jersey : Real Estate : Legislation : Prompt Pay : Contractor

Commissioner Campbell reportedly received some 10,000 emails in the two weeks after his proposal and heard from many thousands more thereafter. In light of the tremendous opposition to the regulations by industry, municipal, housing and other groups in the weeks after proposal of these regulations, Governor Codey extended the existing water quality management regulations, which were set to expire, effectively quashing the water quality management proposal. However, the companion wastewater management regulations, although hanging on life support by all reports, had not been withdrawn and could have been enacted at any time without further notice to the public. Happily, the proposed wastewater management regulations have now been withdrawn.

Certainly, the housing community and residents of this state can take a breather from this assault on affordable housing, we should not be resting easy either. As noted above, the current water quality management regulations are still set to expire in May and therefore newly inaugurated Governor Jon Corzine and new DEP Commissioner Lisa Jackson will have their opportunity to put their stamp on this important area of regulation during the early days of this administration, perhaps setting the tone for the next four years.

We encourage you to stay tuned. We know we will.

Technorati Tags: New Jersey : Real Estate : Environmental

The New Jersey Supreme Court will hear a challenge seeking to overturn an appeals court decision that upheld a municipality's condemnation of land to slow residential development. The Appellate Division had found that Mount Laurel Township did not abuse its eminent domain power when it condemned 16.3 acres. Developer Mipro Homes planned to build 23 single-family homes on the land and obtained final subdivision approval from the township planning board. After failing to acquire the site voluntarily, Mount Laurel brought a condemnation action. In Mount Laurel Township v. Mipro Homes, the developer contended that stopping residential development was not a legitimate use of eminent domain. Although a trial judge agreed and dismissed the condemnation action and awarded Mipro more than $219,000 in attorney fees, costs and expenses, the Appellate Division ruled unanimously for the township.

We will continue to monitor the situation and report on developments as they occur. Meanwhile, you can read an article on the Appellate Division's decision that I wrote with Vincent Mangini here (PDF).

Technorati Tags: New Jersey : Eminent Domain : Condemnation : Development : Real Estate

On Thursday February 10 2005, Gary Forshner, a member of the Firm's Commercial Real Estate Group conducted a Luncheon Seminar for the Mercer County Bar Association - Real Estate Section.

The seminar, Planning and Zoning 101, addressed issues concerning:

* Site Plans, Subdivisions, Variance and Other Appeals
* The Role of Municipal Officials and Boards
* State and Outside Agency Approval
* Superior Court Appeals - Complaints in Lieu of Prerogative Writs

You can listen to an audiocast of Gary's presentation here.

If you would like to download a copy of the program's agenda, click here (PDF).

The New Jersey Court of Appeals found that in this matter a hearing that resulted in final site plan approval and variances, was not inadequate when compared to the amount of previous hearings held on the project. It was claimed that the hearing in question, which approved the variances, was inadequate. The court found that there was no error in granting bulk variances since the grant of the variances was grounded in the purposes of zoning, the benefits outweighed any detriments. The variances were also found to not be a substantial detriment to the good of the public and they would not substantially impair the intent and purpose of the zone plan and zoning ordinance.

A reviewing court should allow site plan approval to stand where the Planning Board committed significant procedural and substantive errors in violation of the Municipal Land Use Law but the blameless applicant complied with all applicable zoning and site plan ordinances.