USA – NEW JERSEY Law and Practice Contributed by: David Freylikhman, Cory Mitchell Gray, David Jensen and Jody Saltzman, Greenberg Traurig LLP
Applications involving multiple agencies, par - ticularly those located in sensitive ecological
(with or without variances) to obtain municipal approvals. However, it is not uncommon for such approvals to be “conditioned” , with the develop - er’s agreement, upon the developer addressing appropriate land use issues caused or exacer - bated by the proposed development (for exam - ple, traffic flow, public safety). Further, in the case of applications not requiring a use variance, it is typical for the municipal - ity’s professionals to meet with the developer’s professionals to attempt to reach agreement as to any of the issues presented on the applica - tion. In certain other contexts, primarily with respect to blighted or distressed areas, Rede - velopment Agreements and PILOT (Payments In Lieu of Taxes) Agreements are commonly used in New Jersey, but their use is not applicable to all properties. For a Redevelopment Agreement, the municipality must first designate the prop - erty at issue as an area in need of redevelopment (pursuant to state statutory criteria). A Redevelopment Agreement can be negoti - ated, executed and approved by the munici - pality’s governing body (though it is common for such details to be agreed upon prior to the designation of a site for redevelopment). PILOT programmes similarly incentivise developers to restore distressed or blighted areas, and PILOT agreements are often executed in conjunction with a Redevelopment Agreement. 4.7 Enforcement of Restrictions on Development and Designated Use Municipalities typically employ code enforce - ment officials who respond to complaints, moni - tor ongoing construction, and conduct routine town inspections to ensure that unauthorised and/or unlawful developments are identified, and that appropriate municipal or court action is taken. State and county agencies also employ
areas, may take up to several years. 4.5 Right of Appeal Against an Authority’s Decision
An applicant or other person aggrieved by a municipal zoning decision has the right to file an appeal within 45 days of publication of the decision of the municipality in a newspaper of record (whether physical or digital). The Supe - rior Court will then schedule a trial, and a sin - gle judge will determine whether, on the record created before the municipal agency, the zoning decision should be affirmed or reversed. Munic - ipal zoning decisions are given great weight and are upheld unless they are determined to be “arbitrary, capricious or unreasonable” . The trial court’s decision is subject to appeal to the Appellate Division, which typically consists of a three-judge panel. In the case of denial of a variance or application for development, the municipality would obvi - ously not issue any permits pending the appeal; in the case of the grant of an application for a variance or development, a municipality may issue such permits pending appeal, typically upon the posting of a bond by the applicant to ensure that, in the event the appeal results in a reversal of the grant of the variance or zon - ing application, the site can be restored. Many municipalities will not issue such permits during an appeal by objectors. 4.6 Agreements With Local or Governmental Authorities Agreements between developers and munici - palities are properly available only in limited cir - cumstances. In the ordinary course, a developer would have to proceed through a request for rezoning or an application for site plan approval
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