Month: June 2021

In what was a busy night for the MSW Land Use Team, the Newark Zoning Board of Adjustment granted approvals for three (3) separate projects at the hearing on Thursday, June 24th.

To start the night, the Board granted preliminary and final site plan approval with variances in connection with the construction of a mid-rise residential building consisting of four stories of residential units over one story of parking in Newark’s West Ward neighborhood. In a separate application by the same developer, the Board again granted preliminary and final site plan approval with variances in connection with the construction of another mid-rise residential building consisting of four stories of residential units over one story of parking.

To close the night, the Board granted preliminary and final final site plan approval with variances in connection with the construction of a two-story building to be used as a community center for the non-profit organization Newark Bronze Shields Inc. in Newark’s South Ward.

Short Hills, NJ June XX, 2021 – Investors Bank recently welcomed Chris J. Murphy, a partner at the law firm of Murphy Schiller & Wilkes, LLP (MSW), to its Northern New Jersey Advisory Board. Investors Bank maintains three Advisory Boards with members located in Northern and Southern New Jersey and in New York City. Each board is comprised of approximately 50 individuals, all Investors Bank clients, representing a broad cross-section of both the for-profit and the not-for-profit sector, with companies ranging from small to large. The ideal advisor candidates are advocates for the bank and are actively involved with their local communities.

Chris is a founding partner of MSW, a boutique law firm specializing in commercial real estate, where he leads the firm’s Economic Incentive Advisory and the Land Use, Zoning and Redevelopment practice groups. In this role, he regularly assists clients in the procurement of public incentives offered through the New Jersey Economic Development Authority (NJEDA) and other state and local government agencies. He also represents clients in connection with the procurement of zoning, land use, and other development approvals, and regularly appears before municipal planning and zoning boards throughout New Jersey.

“We are really excited to have Chris,” said Investors Bank Vice President and Relationship Manager Michael Giacobello, who manages the relationships with the Advisory Boards. “He brings a wealth of experience in both business and law, especially as it pertains to commercial real estate, a sector in which Investors Bank is a major player in the region.”

“I am incredibly excited about the opportunity to join Investors Bank as an advisory board member. The bank has an amazing reputation in the commercial real estate industry, and I look forward to becoming a valuable addition to the board,” says Chris J. Murphy.

Chris was named a “Leader in Law” in 2021 by NJBIZ. He is the co-author of the Financial Incentives Chapter of Commercial Real Estate Transactions in New Jersey (2019, 4th Edition), published by the New Jersey Institute for Continuing Legal Education, a division of the New Jersey State Bar Association. His insight on the topic of real estate incentives has been featured in both regional and national publications, including NJBIZ, Real Estate NJ, and the Wall Street Journal.

Chris received his Juris Doctor from Rutgers Law School, and a master’s degree from the Rutgers University School of Management and Labor Relations. He received his undergraduate degree, summa cum laude, from Kean University.

Investors Bank, headquartered in Short Hills, New Jersey, is a full-service community bank that has been serving customers since 1926. With over $25 billion in assets and a network of nearly 150 retail branches, Investors Bank delivers personalized services and products tailored to the needs of its customers. Investors Bank’s banking services include complete deposit, loan and cash management products for consumers and businesses.

Investors Bank: Member FDIC and Equal Housing Lender. Investors Bank’s website is www.investorsbank.com. Follow the Bank on Facebook and Twitter.

As the e-commerce craze continues throughout the country, the demand for warehouse space in densely populated markets has drawn increased attention from state legislatures. In New Jersey, the State Legislature has advanced multiple bills that will greatly impact the development community, including bills related to solar requirements for newly constructed warehouses, intermunicipal cooperation and regional input in connection with entitlements, and changes to the construction code review process.

• Solar-Ready Buildings

On June 3, 2021, the New Jersey Legislature passed a bill (S-3504/A-3352) requiring that all newly constructed warehouses be “solar-ready.” To reach this requirement, the New Jersey Department of Community Affairs (DCA) will adopt certain regulations which establish standards for the construction and design of solar-ready buildings. These regulations may include requiring a roof load capacity which can hold solar panels and proper space on the roof for the installation of solar panels and accompanying electrical or plumbing.

The bill defines warehouses as any room, structure, building or facility with a minimum of 10,000 square feet being used primarily for the storage of goods intended for sale. Those projects deemed warehouses under the statute must be a “solar-ready building” which is a building that incorporates design elements, as specified by the DCA, which allow for the installation of rooftop solar panels and, if the structure or building is intended to use hot ware, a solar water heating system.

Once signed, the bill will apply to all warehouses which have not obtained a completed construction permit before July 1, 2020.

A copy of the bill can be found here.

• Inter-Municipal Land Use Boards Revisions

A pending bill, currently before the New Jersey State Legislature, would require “retail warehouses” to be considered by a county planning board or the State Planning Commission. The proposed bill would require the host municipality of a “retail warehouse” to deliver a notice of intermunicipal impact to all adjoining municipalities. Notified municipalities who determine they have concerns about the development project may draft and deliver a resolution to the host municipality stating their apprehensions should the project progress. The bill then requires a host municipality, in conjunction with each interested adjacent municipality, convene a joint intermunicipal board, which allows each municipality equal representation, and considers submitted resolutions of intermunicipal concern. In addition to the notice of intermunicipal impact, the host municipality would be required to prepare and distribute a regional economic impact report – the cost of which will be solely shouldered by the developer.

The drafters of the bill also include a section which calls for the creation of the “Intermunicipal Impact Advisory Board”, consisting of 15 members appointed by the Governor for a term of 3 years. The Intermunicipal Impact Advisory Board will not only create guidelines pertaining to what constitutes an intermunicipal concern, but will also establish procedures for intermunicipal board meetings and hear appeals regarding “retail warehouse” approvals.

A copy of the bill can be found here.

• Municipality Construction Code Review Process

Assemblyman Karabinchak (LD-18) sponsored and introduced a bill (A-5838) on June 3, 2021, which, if approved, will allow developers to opt for an alternative and expedited plan review. If a developer so chooses to take the alternative route, they will pay a fee of $500, which allows for the review and approval of the plans and specifications within ten (10) calendar days of the complete and proper submission of the application.

The expedited plan review process may be offered to applicants through a municipality’s construction code enforcement agency. If a municipality does not offer in-house expedited plan reviews, an applicant may retain a private plan review agency, so long as they are properly licensed. Utilized private plan review agencies will be obligated and subject to all the same requirements applicable to other enforcing agencies which conduct plan reviews and will be conferred all the same powers.

Though the use of private plan review agencies is permissible under the proposed bill, the local enforcing agency will maintain control over the construction project and retain the authority and obligation to issue a certificate of occupancy. If a project entails the use of a private plan review agency the agency will receive the fee associated with the expedited plan review and the local enforcing agency will retain all general application fees.

A copy of the bill can be found here.

FOR MORE INFORMATION ON THESE BILLS, PLEASE CONTACT CHRIS J. MURPHY, ESQ. AT (973) 705-7443 OR VIA EMAIL AT CMURPHY@MURPHYLLP.COM.

On Monday, June 14th, the Upper Deerfield Planning Board granted subdivision approval, along with certain variance relief, in connection with the subdivision of a major shopping center commonly known as Carll’s Corner.

Chris J. Murphy, Esq. led the firm’s successful efforts on behalf of the development team, which included Douglas Grysco of Dynamic Engineering, Corey Chase of Dynamic Traffic, and John McDonough of John McDonough Associates, LLC. MSW associate Hannah Bartges and land use paralegal Marika Igras also played a critical role in the process.