Land Use & Redevelopment

Developing and repurposing the use of land in the State of New Jersey has become increasingly difficult as new laws and regulations impose restrictions and extra layers of government oversight. At every turn in the development process, resistance and complications seem to surface quickly at the municipal, county, and state levels, confusing what started out as a clear vision of development.

Navigating through this process successfully, expeditiously, and cost-effectively requires a level of experience and ability that is second nature to Porzio's Land Use and Redevelopment team.

Land Use

Before acquiring property, and at each step along the way, Porzio lawyers help clients fully understand the intricacies of developing or redeveloping property, identifying and working to resolve the often hidden challenges that threaten development plans. Are there environmental concerns? What permits will be needed? Are there zoning restrictions that make approvals unlikely? Is there local support or anticipated opposition? Recognizing and addressing potential impediments upfront is critical to a successful project.

At Porzio, we recognize that knowing the law is not enough; one must know and understand the people and dynamics that intersect in each development project. We pursue a holistic approach that includes engaging with the local representatives, bringing potentially impacted parties into the discussion, and assembling the right experts to support the project and join in our advocacy. Clear messaging that the development proposal will improve the neighborhood, protect and enhance the quality of life and bring new tax ratables and jobs without causing overcrowding, congestion, pollution, or other negative impacts, is crucial to our success.

Our team's experience in securing land use approvals is substantial spanning over 40 years and includes approvals in various industries across the State of New Jersey at the municipal, county, and state levels.

Thoughtful and strategic relationships with government agencies, open communications, and creative solutions make a significant difference in the outcomes we achieve for our clients.

Our background includes extensive experience obtaining approvals and permits from:

Municipal Planning and Zoning Boards
County Planning Boards and Soil Conservation Districts
New Jersey Pinelands Commission and Highlands Council
New Jersey Department of Environmental Protection
New Jersey Department of Community Affairs
New Jersey Department of Transportation

Unique & Diversified Development Experience

Our team proudly takes credit for leading a wide range of development projects through to build-out, inclusive of:

Residential Developments (Affordable housing, Subdivisions, Multi-family, Mixed-use, and Assisted Living)
Industrial Parks, warehouses, and e-commerce fulfillment centers
Restaurants and fast-food/drive-thru establishments
Gas station upgrades and convenience stores
Self-storage facilities
Auto dealerships, retail, bank branches, and indoor recreation facilities
Public and private/charter schools
Professional/Medical Office Parks
Renewable Energy projects (solar fields, electric vehicle service centers/charging outposts, and battery storage)
Electric substation instillations and upgrades

Our land use attorneys assess and address hidden development challenges early on, such as identifying title issues, potential environmental constraints, traffic issues, acoustic and nuisance concerns, and related regulatory issues.

Noteable Cases & Projects

First of its kind on the East Coast, fully amenitized, electric vehicle charging outpost
1.2 Million square foot e-commerce fulfillment center providing the local community with 750 new jobs and substantial road and infrastructure improvements
Porzio’s land use attorneys argued before the Supreme Court of New Jersey, resulting in the reported decision of Pizzo Mantin Group v. Township of Randolph, 137 N.J. 216 (1994). One of the most frequently cited precedents in the land use field, standing for the proposition that Planning Boards do not have the authority to deny a conforming subdivision application based solely on general welfare considerations. The Supreme Court agreed with Porzio’s position that a board must approve a subdivision unless it fails to comply with specific ordinance requirements adopted by the municipality.

Redevelopment

Redevelopment is a significant tool in a municipality’s tool box and the benefits to a developer of pursuing a project through redevelopment cannot be overlooked. As a result, representation in redevelopment matters requires sophisticated business analysis and an innovative and strategic approach, rather than a mechanical commitment to existing zoning regulations and practices. Redevelopment projects are, by their very nature, complex, calling into play a variety of issues, from municipal finance and procedure to environmental, land use and political concerns.

One of the biggest challenges for a redeveloper is the choice of the right attorney and law firm to coordinate the many variables and requirements associated with redevelopment. It is insufficient merely to be familiar with the redevelopment regulations and statutes. An experienced redevelopment attorney not only is aware of the redevelopment process but is also aware of the nuances, for instance, of local municipal elections and the issues critical to governmental officials contemplating a redevelopment project for their community. Porzio attorneys engage in meaningful communications with municipalities and planning boards to ensure that redevelopment projects have support before subject clients to the costs and time associated with redevelopment.

Our team works hand-in-glove with the municipal stakeholders throughout the redevelopment process, from the Area in Need of Redevelopment study and preparation of the redevelopment plan, to the negotiation of the redevelopment agreement and financial agreement for payments in lieu of taxes (PILOTs).