Zoning

By Fredrick P. Niemann, Esq. a New Jersey Zoning Attorney A New Jersey appellate court has reinstated the New Jersey Council on Affordable Housing.  That’s a shame. A chronic lack of affordable housing caused by local zoning ordinances and the New Jersey property tax system— puts the future economic vitality of this state in jeopardy.  Local zoning laws are the culprit.  Because of this, the legislature created a failed agency called COAH. Gov. Chris Christie’s administration has said some $30 million will be used statewide to assist those with special needs and the homeless, of course subject to local zoning laws. Local needs still will be mandated to provide affordable housing, yet they’ll have fewer means at their disposal to …

By Fredrick P. Niemann, Esq. a New Jersey Zoning Law Attorney NJ zoning laws are designed to protect the residents of the state from being treated poorly by powerful interests, and to preserve the land that the residents of the state need.  Some criticize NJ zoning laws for making housing in the state too expensive, yet others feel that NJ zoning laws are not strong enough. People whom want to build structures in the state may come into conflict with the state over the zoning of the proposed construction site.  If that is the case, then a hearing is required in order to allow the public to voice their opinions. Zoning conflicts also occur when the local population of a …

By Fredrick P. Niemann, Esq., a NJ Zoning Attorney New Jersey Zoning Law has strict requirements that all townships must abide by when they pass amendments to the current zoning ordinances. One of these is the “Notice” requirement. NJ Law requires that notice of such amendment be published in the newspaper and given to residents in the surrounding area that will be affected by the change. This notice must include a brief summary of the provisions of the ordinance, so the residents are made aware of what exactly the changes are. The notice requirement was the main issue in a recent NJ Zoning Case. The case involved a proposed amendment to a zoning ordinance that would effectively create new zones …

By Fredrick P. Niemann, Esq., a NJ Zoning Attorney All Zoning Boards have the authority to issue variances to any applicant it deems has satisfied the required criteria for the variance. The typical New Jersey court case resulting from a zoning board decision is an appeal by an applicant whose request for a variance is denied by the zoning board. However, sometimes municipalities are unhappy with the zoning board’s decision to grant a variance and will appeal the decision, asking the NJ Courts to reverse the decision and deny the approved variance. Such was the case in a recent NJ trial. A borough challenged the decision of the municipal zoning board after the board granted a variance that allowed an …

By Fredrick P. Niemann, Esq., a NJ Zoning Attorney  New Jersey Zoning Law has strict requirements that all townships must abide by when they pass amendments to the current zoning ordinances. One of these is the “Notice” requirement. NJ Law requires that notice of such amendment be published in the newspaper and given to residents in the surrounding area that will be affected by the change. This notice must include a brief summary of the provisions of the ordinance, so the residents are made aware of what exactly the changes are. The notice requirement was the main issue in a recent NJ Zoning Case. The case involved a proposed amendment to a zoning ordinance that would effectively create new zones …

By Fredrick P. Niemann, Esq. a NJ Zoning Law Attorney Land use rules in New Jersey can be complicated and complex. Many people have visions of building or improving property, but are unsure as to what steps to take. Sure, it’s easy to hire an architect and contractor, but as you will find out, each municipality in New Jersey has ordinances pertaining to building regulations. The Planning Board and Zoning Board of your town must approve the construction as well as any variances you may need to build on your land. Unfortunately, this is the area where complications occur, as individuals looking to build are often unfamiliar with local land use regulations. Hiring an experienced Land Use and Zoning Law …