Advanced Topics in Zoning XIV
Category: On Demand
Member Price: $183
Non-Member Price: $229
Product Code: ON0218242
Areas of Law: Land Use
CLE Credits
| NJ CLE: | NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.4 hours of total CLE credit (Full Credits Available: NJ General: 2.4). |
| NY CLE (t&nt): | NY Professional Practice Non-Transitional: 2.0 |
| PA CLE: | PA Substantive Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program. |
Faculty
Keynote
Moderator
- Richard S. Schkolnick, Esq.
- Law Offices of Richard Schkolnick, MillburnLaw Offices of Richard Schkolnick in Millburn, New Jersey, has extensive experience providing solutions to property owners in complex land use and zoning matters, and has served as counsel to local government agencies with respect to land use and zoning issues. He focuses his practice in applications to construct wireless communications facilities and has represented national wireless carriers in hundreds of zoning applications.
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nAdmitted to practice in New Jersey and New York, Mr. Schkolnick is Past Chair of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section. He secured a unanimous decision from the New Jersey Supreme Court on behalf of the Township of West Orange in the State’s seminal eminent domain case, Township of West Orange v. 769 Associates, LLC, 172 N.J. 564 (2002), and also served as Co-General counsel to the New Jersey State Democratic Party.
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nMr. Schkolnick is a graduate of Haverford College, where he was elected to Phi Beta Kappa, and received his Masters of Government Administration from the University of Pennsylvania’s Fels Center of Government, where he was a Fels Scholar. He received his J.D. from the U.C.L.A. School of Law.
n(9/23) - Steven J. Tripp, Esq.
- Wilentz, Goldman & Spitzer P.A., Woodbridge
Presenters
- Senator Holly T. Schepisi
- Partner, O'Toole Scrivo
- Irene Kim Asbury, Esq.
- The Law Offices of Irene Kim Asbury, LLC, Weehawken
- Christine Cofone
- Cofone Consulting Group, Red Bank
- Matthew E. Gilson, Esq.
- Murphy Schiller & Wilkes LLP, Newark
- Sean D. Moriarty, Esq.
- Archer Public Affairs, Trenton
- Francis Reiner, PP, LLA
- Director of Planning & Redevelopment, Partner
DMR Architects, Hasbrouck Heights - Robert F. Simon, Esq.
- Herold Law, PA, Warrenis a Shareholder in and Co-Managing Director of Herold Law, P.A. in Warren, New Jersey. He focuses his practice in land use regulation before local zoning and planning boards; real estate-related litigation including land use, tenancy, tax appeals, condemnation and title actions; and commercial and residential real estate transactions. Mr. Simon has been qualified as an expert witness in both Superior Court and District Court in legal malpractice and mortgage fraud matters. He has been Board Attorney for the Township of Tewksbury Land Use Board, Special Land Use Counsel for the Borough of Wallington as to Affordable Housing and land use litigation, and Board Attorney for the Township of Millburn Zoning Board of Adjustment.
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nAdmitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second and Third Circuits, Mr. Simon is a member of the Board of Directors of the New Jersey State Bar Association’s Land Use Law Section and has been Chair of the District XIII (Hunterdon, Somerset and Warren Counties) and District VB Fee Arbitration Committees. He has been a member of the NJSBA Real Estate Law Section and has lectured for ICLE and Lorman Education Services.
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nMr. Simon received his B.A. from Johns Hopkins University and his J.D. from Benjamin N. Cardozo School of Law, Yeshiva University, where he served as a member of the Editorial Board of the New Europe Law Review. He was a judicial law clerk to the Honorable R. Benjamin Cohen, J.S.C.
n(8/23) - Jennifer Phillips Smith, Esq.
- Co-Chair, Real Property Group
Gibbons PC, Newark
Join us for the Advanced Topics in Zoning XIV seminar, where we’ll delve into critical zoning issues and practical insights. This online event features expert moderators and panelists discussing key topics.
Panel One: Revisiting MLUL Section 70(b) (interpretations) – Pitfalls and Opportunities
-Moderators:
Robert F. Simon, Esq. and
Steven J. Tripp, Esq.
Discussion points:
- Authority of a Planning Board to interpret zoning ordinance provisions while an application is pending
- A discussion of Dash v. Sparta (A-1268-22 App. Div. 2024)
- Revisiting DePetro v. Township of Wayne Planning Board, 367 N.J. Super. 161 (App. Div), certif. den. 181 N.J. 544 (2004)
- Strategies/Risks with interpretations
- Differing roles of the Zoning Officer, Zoning Board and Planning Board in interpreting and applying zoning ordinances
Panel Two: Round 4 and Municipalities: Perfect Together?
- Moderator: Matthew E. Gilson, Esq.
- Panelists: Christine A. Nazzaro-Cofone, AICP/PP; Francis Reiner, PP, LLA and Senator Holly T. Schepisi
Discussion points:
- How towns are responding to requests for residential rezonings/multifamily
- Vacant Land Adjustment towns and other environment constraints
- PILOTS (Payment in Lieu of Taxes): Are inclusionary projects illusory in high-tax municipalities if the jurisdiction has complete discretion on whether to offer a PILOT?
- Short-term density approvals to remove parcels from the Round 4 process
- Types of projects that appeal to municipalities
- Bonus credits under A-4, density bonuses and other strategies for sweetening the pot
- Sites from prior rounds that remain undeveloped
- Using the affordable housing trust funds to create all inclusionary projects
Panel Three: Practical Tips for Preparing for a Pre-application Meeting with the NJDEP
-Moderator: Jennifer Phillips Smith, Esq.
-Panelist: Sean Moriarty, Esq.
Discussion points:
- Overview of the Newly Adopted Inland Flood Protection Rule and the Proposed Resilient Environment and Landscapes (REAL) Rules
- Doing Your Homework: Gathering Information Concerning the Impact of the New Rules on Projects
- Tips for Productive Pre-Application Meetings: Timing, Preparation, Outreach, and Managing Expectations
Panel Four: What Every Land Use Lawyer Needs to Know About the Recent Changes to the Open Public Records Act
-Moderator: Irene Kim Asbury, Esq.