USA – NEW JERSEY Law and Practice Contributed by: David Freylikhman, Cory Mitchell Gray, David Jensen and Jody Saltzman, Greenberg Traurig LLP
ments regarding recording taxes in connection with mortgage loans or mezzanine loans related to real estate.
In addition, federal agencies, such as the Army Corp of Engineers and the US Environmental Protection Agency, may have jurisdiction over developments in areas affected by applicable laws or regulations. The methods of construction provided for by munici - pal ordinance are not customarily different to the UCC, which has been adopted with modifications by New Jersey, though each municipality applies the requisite inspection and approval obligations in its own pro - cedural manner. Unique design and/or construction requirements are routinely imposed with respect to (among other aspects) waterfront properties, proper - ties within flood zones and/or wetlands, and proper - ties in or bordering wetland areas. In addition, munici - palities often have a historic preservation committee which opines on, and may have approval authority over, development applications. Municipalities typically employ code enforcement officials who respond to complaints, monitor ongoing construction, and conduct routine town inspections to ensure that unauthorised and/or unlawful develop - ments are identified, and that appropriate municipal or court action is taken. State and county agencies also employ engineers and inspectors to oversee con - struction and development within their jurisdictions. In the case of construction (as distinct from unlawful use), a “stop work” order is usually issued by a code enforcement officer, with a violation of such order resulting in fines, which can be significant. In the case of an unlawful use, a notice of violation would be served on the property owner; again, viola - tions of the permitted uses of a given property would typically result in fines. Each day of non-compliance with the applicable uses in a zone, or with construc - tion that is not permitted, constitutes a separate viola - tion. In addition, municipalities will typically not issue permits until it has first been ascertained that the con - struction has been authorised and that the use is a permitted one. 4.2 Development Process, Challenges and Enforcement The nature of the requisite approvals varies depending on where the property is located and the magnitude of the proposed development. As a general guideline
4. Planning and Zoning 4.1 Planning and Zoning Framework
New Jersey has adopted the Municipal Land Use Law, which imposes certain uniform requirements on municipalities with respect to land development. How - ever, New Jersey is a home rule state and, accord - ingly, controls with respect to design and appearance are primarily local in nature and vary by municipal - ity. Other governmental authorities with jurisdiction over the affected site may impose such obligations. Generally, municipalities are responsible for regulat - ing the use of real property within their jurisdiction. Counties and other governmental authorities may also regulate development and use of property within their jurisdiction through (for example) various county plan - ning boards and the State Planning Board. All such governmental authorities have the right to designate what uses may be made of real property within des - ignated zones, and they may grant relief from such requirements in appropriate cases (through variances or rezoning). In addition, depending on the nature and location of the proposed development, other agencies may have input into development and, in some instances, the authority to grant or deny the application or impose conditions at the granting of the application, such as: • the New Jersey Department of Environmental Protection; • the New Jersey Sports and Exhibition Authority; • the Port Authority of New York and New Jersey; • the New Jersey Department of Transportation; • the Pinelands Commission; • the Skylands Commission; • various watershed management agencies; • sewerage authorities; • affordable housing agencies; • storm-water management agencies; and • the county in which the property is located.
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