Bulletin Board Magazine 2021 Volume 2

VOLUME 2 | 2021 Bulletin Board The Bui lder Connection

Sponsor Spotlight

SBACNJ Event Recap

Market Update

Builder Spotlight

New Member Spotlight

Covering Monmouth, Ocean, Mercer, & Middlesex Counties

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XPrXeXsidXeXnt’s Message

PRESIDENT'S MESSAGE by Christopher Amato - SBACNJ

Christopher Amato President - SBACNJ

Association Relationships Make #BringingPeopleHomes Possible

Secretary Gina Raimondo that our industry has the Biden Administration’s full support in resolving the lumber issue. As with other challenges in our past, we will continue to navigate through these issues and will remain strong as an industry by supporting one another. Supporting one another is all about relationships. By having strong relationships with our associate members, suppliers, and other builders in the industry many of us have been successful at the strategic planning that needs to take place currently to bring homes to closing. This is something we at SBACNJ have known since our inception more than 50 years ago. For instance, my relationship with my appliance supplier is helping with the ordering & scheduling process for projects my company has under construction. I’m sure every one of you have similar connections with suppliers that have been detrimental to your building process at this time. The depth of the relationships we continue to build at SBACNJ makes it manageable to build even during the most challenging of times. While I’m excited that buyers are still buying homes, and builders are still building homes, we are looking forward to when there is relief provided to our industry in the form of more material availability, the labor shortage

resolves, and the cost of lumber is addressed. Even so, it’s an exciting time to build because it’s been a long time since we as builders have had a certain level of confidence with the construction projects scheduled through next year. With the unprecedented demand for housing, communities are happy to see builders come into places to build homes. It’s been a long time since we’ve seen that and we are definitely #BringingPeopleHomes. We’ve also not seen a resale market this strong in decades. Bidding wars leading to higher prices, and less mortgage contingent deals have aided this side of the industry, allowing move-up buyers to purchase new construction leading to the demand. Since last year’s mostly digital forum for all things it’s time to look forward to some in-person events now. It’s been a long time coming, but I’m so looking forward to seeing everyone in person at some of our upcoming events this summer. FAME was a fabulous in-person event in May, and it couldn’t have been better! Congratulations to all the FAME Winners and thank you to all our amazing sponsors who supported this program. It was a great way to break the ice on in-person events. Our Annual Golf Outing that was held on June 21st was even better this year because John Cummins brought us even better weather

As we head into summer and the pandemic is for the most part, in our rear view mirrors, our industry has entered some unchartered waters. We’ve been using the hashtag on social media #BringingPeopleHomes, which is NJBA’s nod to our mission for our industry: to provide housing to the residents of New Jersey. While sales and homebuyer activity remain at unprecedented levels, we have, and continue to experience several challenges that are different than those we have faced in years passed. We all know that finding tradespeople for the massive amount of work we have is one of the greatest difficulties we are facing, in addition to the cost and availability of materials, particularly lumber. This is causing serious conflicts, even within our own companies because trying to schedule trades which are scarce, and longer- lead times for materials makes navigating the murky waters of purchasing and production a bit tricky. As a result of these materials issues, there is a tremendous amount of legislative pressure that has been put on the lumber market and NAHB, as well as NJBA are doing a great job trying to address this. No one knows how long this will remain an issue; however, just recently NAHB received assurances from Commerce

Continued ›

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C ontents 01 President's Report by Christopher Amato 05 Welcome New Members 07 Sponsor Spotlight 11 SBACNJ Event Recap 19 Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. 23 Market Update 25 Marketing Perspectives by Stephanie Shaffery, Flair Marketing Group VOLUME 2 | 2021

EDITORIAL CONSULTANT Flair Marketing Group - Stephanie Shaffery

DESIGNER Flair Marketing Group

OFFICERS President – Christopher Amato

First Vice President – James Pittenger

Vice President of Associates – David Eareckson, PE

Secretary – Stan Graser

General Counsel - Michael J. Gross

Immediate Past President – Michael J. Kokes

SBACNJ STAFF Executive Officer – Gina McNamara

Office Manager – Christine Boyle

The Bulletin Board magazine is published quarterly and is distributed to the membership and others.

eMagazine by member company Flair Marketing Group stephanie@flairmg.com

30 NAHB Update 33 Builder Spotlight 37 New Member Spotlight

Unless otherwise noted Photography by member company: All is Sharp Photography Howell, New Jersey Photos can be viewed and ordered online at allissharp.com

Over 75 years of publication to our members

43 PWB Update 45 NJBA UPDATE

THE BUILDER CONNECTION

Interested in Joining SBACNJ?

CLICK HERE As a Builder

CLICK HERE As an Associate

CLICK HERE As a Remodeler

190 Oberlin Avenue North Lakewood, NJ 08701 | P (732) 364-2828 | F (732) 905-2577

Land Development Services Civil Engineering

Surveying & Mapping Professional Planning for Land Development Marine & Waterfront Engineering Geotechnical Engineering Landscape Architecture

Matrix New World Land Development Services are recognized leaders in engineering, surveying, and landscape architecture consulting services. The combined strengths of our licensed and certified professionals enables us to serve a wide variety of clients in the private sector, as well as all levels of government, public authorities, and non-profit organizations in the United States. Our engineers, planners, LEED professionals, licensed surveyors, and landscape architects stand ready to assist our clients and address their needs. We demonstrate our understanding of their vision by emphasizing the importance of client satisfaction, and recognizing the value of client relationships.

Matrix New World Engineering Certified WBE 442 State Route 35, 2nd Floor Eatontown, NJ 07724 732.588.2999 matrixneworld.com

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President’s Message Continued

than last year! (this can be changed if it rains)

other members, which has been a long time coming. Please feel free to reach out to me anytime via email, through the SBACNJ office, or catch me at one of our upcoming events. I hope you all have a very safe and wonderful

summer as we continue to fulfil our mission of #BringingPeopleHomes.

Be sure to join us at Martell’s Tiki Bar in Point Pleasant on July 15th for our Annual BBQ on the beach where we will enjoy some in-person networking and connecting with

WELCOME New Members We would like to take this opportunity to welcome the following new members and thank their sponsor.

Project Freedom, Inc. Tracee Battis 1 Freedom Blvd Lawrence, NJ 08648 (609) 278-0075 Sponsor: Lara Schwager PIRHL CB Realty New Homes David Schoner 175 Park Avenue Madison, NJ 07940 (973) 715-5883 Wiss & Company, LLP Chris Cowan 100 Campus Drive, Suite 400 Florham Park, NJ 07932 (908) 910-0021 Sponsor: Chris Amato CMM Custom Homes Steve Auwaerter/S&S Kitchens 2609 Maple Street Pt. Pleasant Boro, NJ 08742 (732) 668-5239

Ascolese Painting Jerry Ascolese 123 Town Square Pl. PMB 412 Jersey City, NJ 07310 (732) 213-7114 Skoloff &Wolfe, P.C. Vincent Ferrer 293 Eisenhower Parkway, Ste 390 Livingston, NJ 07039 (973) 232-2966 Sponsor: Adam McIndoe Netwave Interactive Marketing (609) 646-3821 Dynamic Earth David Backman 1904 Main Street Lake Como, NJ 07719 (732) 280-0830 Hamilton Building Supply John Carroll 65 Klockner Road Hamilton, NJ 08619 (732) 613-0080 F.W. Webb Stan Graser 180 Centennial Avenue Piscataway, NJ 08854

Altherm, Inc. Charissa Joudhrey 381 19th Avenue Brick, NJ 08724 (484) 452-1090 Sponsor: Jennifer Fitzhenry Ferguson Enterprises Bossart Builders Dave Bossart 184 Liberty St. Long Branch, NJ 07740 (201) 404-2264 Capital One Mindy Seifried 10 Wright Court East Brunswick, NJ 08816 (732) 570-2152

MHI - Consulting Christine Workman PO Box 151 Danboro, PA 18916 (732) 403-7441

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AdvanTech ® subflooring has provided builders consistent high-quality for 20 years. Engineered to provide a unique combination of advanced moisture protection and industry-leading strength and stiffness 1 , AdvanTech subflooring is FLAT OUT BEST ™ for a quiet, stiff floor. With a 500-Day No-Sanding Guarantee and Lifetime Limited Warranty 2 , AdvanTech subflooring is the panel builders trust to withstand tough jobsite conditions and provide a quiet, even base for years to come. AdvanTech subflooring provides total performance because of its advanced manufacturing: • High-density engineered wood for industry leading strength and stiffness 1 • Advanced resin technology helps fight moisture throughout the panel • Reliable fastener-holding power grips fasteners in place to help reduce squeaks • Patented fastening guide for easy installation • Durable, precise tongue and groove profile for speed and ease on the job • Ranked #1 in quality every year since 2002 3 FACT SHEET: ADVANTECH ® SUBFLOORING

For more information on AdvanTech subflooring, visit AdvanTechPerforms.com.

###

___ 1 According to Evaluation Service Report published by the International Code Council’s Evaluation Services in ESR-1785 . 2 Limitations and restrictions apply. Visit AdvanTechPerforms.com/ResidentialWarranty for warranty and No-Sanding Guarantee details. 3 Builder magazine annual Brand Use Study, 2002 – 2016, OSB category.

Sponsor Spotlight

About PS&S

PS&S is an award-winning “one-stop shop” of architecture and engineering excellence, which was established in 1962. The depth and breadth of our expertise has helped PS&S grow into a firm offering multi-disciplined, full-service architecture, engineering, design, environmental and surveying consulting services. We offer a single source for planning, design and regulatory compliance services on diverse projects across a number of market segments: education, energy/utilities, hospitality/ entertainment, infrastructure/public improvement, real estate and science/technology. Our ability to present virtually all engineering disciplines side by side with our architectural services allows us to respond quickly and efficiently to clients’ unique needs. Having proudly served a sophisticated client base operating in numerous industries, we know the importance of developing the most on-time, cost-effective and high-quality solutions to the most difficult client challenges. Our success is measured by the success of our clients; the success of each project is our number one priority. Headquartered in Warren, New Jersey, PS&S is well-positioned to meet client needs through a series of regional offices and affiliates. In addition to our New Jersey offices in Cherry Hill, Wall, and Atlantic City, we also maintain regional offices in Yonkers and Mineola, New York, Doylestown, Pennsylvania, Spring, Texas and Caguas, Puerto Rico. In November of 2019, D.W. Smith Associates has joined the PS&S family as a subsidiary of PS&S LLC. First of all, experience. PS&S has extensive experience with the total design and permitting of all types of building projects. We have worked on hundreds of projects including Pharmaceutical, Corporate, Utility, Institutional, Hospitality, and Industrial, as well as associated environmental and site engineering. Beyond the firm’s experience, we offer clients the experience of our staff. PS&S comes to the table with an understanding of its clients’ needs and the parameters that define success for their projects. The quality of our people is our greatest asset. Then there is the strength that our organization brings to our clients’ projects – we truly are an integrated design service. With all of these disciplines in-house, we can advance projects quickly, and we can identify design and cost issues early in the process to avoid wheel spinning and lost time. We have one CADD system, one filing system, one phone number and the client is provided with one project manager. In terms of scope, we can and do provide everything from facility and site assessments to complete designs, from piles to furniture and fixtures. PS&S is unique – we are a broadly based firm with true expertise, united in our desire to provide innovative design solutions and to serve our clients well. What, specifically, do we bring to the table for our clients?

www.psands.com

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DW Smith Associates is now part of the PS&S Family Two resilient and innovative Garden State A/E Consultants with more than a half century of service each have united to continue their leadership role in the Home Builders’ Marketplace

Miguel Salinas, LSRP, CPSS 732.584.0435 | msalinas@psands.com

www.dwsmith.com

www.psands.com HQ: Warren, NJ

Wall, NJ

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SBACNJ 75th Anniversary Contined Construction to Permanent Loan

RESIDENTIAL MORTGAGES

At OceanFirst Bank, we know that convenience is important to our customers. That’s why we offer an array of residential mortgage options designed with just that in mind. If you’re building a new home, your construction and permanent loan can be combined with just one closing, saving you time for more important things – like deciding on paint colors and carpet for your dream home. Come in and talk with a Residential Loan Officer today! Features & Benefits • Final rate set at time of construction closing* • Prompt, local decision making • Easy application process • Seller may contribute 6% towards closing costs • 1 st draw up to 75% of land value • One closing

For All Your Mortgage Needs, Contact Us Today! 1.888.OCEAN33 | www.oceanfirst.com/MeetTheTeam

*Primary and secondary home rates are set at time of closing. Offer of credit is subject to credit approval.

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GROHE STARLIGHT® Durable coating wipes clean, maintains lustrous finish

MAGNETIC DOCKING Easy retraction and secure docking of the spray head

SMOOTH TURN 360° Spout rotation allows for full sink coverage

THREE-SPRAY OPTION WITH TOGGLE Switches from regular to shower to forceful blade spray

FORWARD ROTATING HANDLE Prevents backsplash interference

SPEED CLEAN® Remove limescale build-up with your fingertip

REFINED DESIGN, ENHANCED FUNCTIONALITY GROHE LADYLUX ® L2

GROHE SILKMOVE® Smooth, effortless handle operation

SBACNJ Event Recap

SBACNJ EVENT RECAP

Builder’s Only Event

4-7-21

X XXXXXXX

Our Builder Event at the Toms River Yacht Club was our 1st in-person event of the year! Thank you to all of the builders who came out in support of our Associate Sponsors for a wonderful evening. As you can see it was a perfect night for this event!

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FAME

5-20-21

FAME 2021 was a huge success! It was a beautiful spring evening at the South Gate Manor for celebrating our best and brightest in sales and marketing.We would like to thank our sponsors for their dedication and support this year:.

LOCAL IQ Super Sponsor AMBOY BANK Cocktail Sponsor

CITIZEN’S BANK Table Décor Sponsor

HEXA/LEVEL 10 DEVELOPMENT Welcome Sponsor ESPOSITO CONSTRUCTION Grand Award Sponsor SBACNJ BOARD OF DIRECTORS Champagne Toast Sponsor CALIBER HOME LOANS Lanyard Sponsor SHARBELL Signature Drink Sponsor FLAIR MARKETING GROUP Dessert Sponsor

DESIGN 446 Winner’s Book Sponsor

CROWN HOMES Event Sponsor

ALL COUNTY EXTERIORS Event Sponsor

KAPLAN COMPANIES Event Sponsor

Continued › We would like to congratulate all the winners, including Adam McIndoe who received the prestigious Outstanding Achievement Award. Everyone had a great time and enjoyed reconnecting with colleagues and friends during the extended cocktail hour. We look forward to planning the next FAME event and invite any interested SBACNJ members who would like to join the committee to contact Christine or Gina at the office for details on our next meeting.

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Event Recap Continued

Annual Golf Outing

6-21-21

The SBACNJ Golf Outing took place on Monday, June 21st at the Jumping Brook Country Club in Neptune.As in past years, the event was sold out to foursomes and our sponsorships filled up quickly.

We would like to thank the following members for sponsoring this event:

C&L Sweeper | Matrix New World Engineering | Palatial Homes | Dakan Homes Esposito Construction | Caliber Home Loans | FWWebb Manasquan Bank | Ps&S / OW Smith Associates

Ferguson Maloney & Curcio | Crown Elevator | FWH Associates | Netwave Interactive Marketing | Jackson Development Azek | Robert J. McGowan & Associates | ELP Associates Inc. | All County Enterprises | Archer Attorneys at Law Tile-It | NJR Home Services | Mccue Captains Insurance | Home Depot PRO | CertainTEED | WJH Engineering | Beacon AWT Environmental | Storm Master | Builders General Supply Whitestone Associates | Hexa Builders | Carl's Fencing | Ryan Homes Resisto | Hammer Land Engineering | Marvin Windows | Crown Homes | Dupont Tyvek Parksite | Hoagland, Longo Pittenger Builders | CMM Custom Homes | Wiss & Company, LLP JV Engineering | Jumping Brook Country Club

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Construction & Permanent Loans

RECENT FINANCING

$36,500,000 185 A pArtments

Little Falls, Passaic County Construction/Permanent

For over 130 years, Amboy Bank has been financing NJ’s building and housing needs. We provide commercial, construction and permanent loans with flexible terms and, of course, quick local decisions. Bob Beni Senior Vice President, Senior Commercial Real Estate Officer 732.591.8700 x5732

$16,500,000 60 A pArtments /r etAil Newark, Essex County Construction/Permanent

$9,000,000 34 A pArtments Belmar, Monmouth County Permanent

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SHORE BUILDERS Association of Central NJ, Inc.

COMMITTEES

Committees are a vital functional of our Association. Make your membership more meaningful by getting involved. Become an active member of a committee! Committees general meet one hour, once a month

❑ ASSOCIATE MEMBERS, MEMBERSHIP SERVICES AND PROGRAMS: This committee works for the betterment and benefit of the SBACNJ membership. This committee is responsible for the BEAM (Builders Employing Associate Members) Award as well as the Associate of the Quarter nominations. This commit tee recruits new members, screens prospective applicants and works to retain current members. ❑ GOLF CLASSIC: This committee meets 6 times per year, beginning in February, to plan the SBACNJ Annual Golf Outing. As a committee member it is important to be available the day of the outing to work as an event volunteer. ❑ LEGAL/LEGISLATIVE & ENVIRONMENTAL: This committee interfaces with local and state municipalities to maintain good relations, provide exchange information flow, and oppose adverse government regulations on the building industry in Monmouth, Ocean, Middlesex and Mercer Counties. The committee considers challenging ordinances, practices, and policies of municipalities which are harmful to SBACNJ members. ❑ SALES & MARKETING: This committee promotes professionalism in sales and marketing and further educates the members on the latest ideas available to Builder and Associate members. This committee also plans the Annual FAME (Fabulous Achievement in Marketing Excellence) Awards Banquet. The committee keeps industry views before the public and creates a better public image of the Association and the role it plays in the community. ❑ YOUNG PROFESSIONALS: This committee promotes participation and increases opportunities for young professionals in the building industry by developing interesting programs that provide a forum for networking, continuing education, professional growth, development of leadership skills and access to a professional community. ❑ PROFESSIONAL WOMEN IN BUILDING COUNCIL: This council is recognized and chartered by NAHB and is dedicated to promoting, enhancing, and supporting home building and women in the home building industry. This council is open to all member companies and their employees. There is a fee of $50 per member to join the council and is open to men as well.

If you are interested in joining one of the committees or being a member of the Professional Women in Building Council, please contact the SBACNJ Office in Lakewood at 732-364-2828.

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SAVE THE DATES! Be sure to save the dates for these important upcoming programs: Click here for Shore Builders Events

BBQ ON THE BEACH - THURSDAY, JULY 15TH MARTELL’S TIKI BAR, PT. PLEASANT

PWBGS /YP MEET UP - TUESDAY, JULY 20TH OCEAN COUNTY ARTISTS’ GUILD, ISLAND HEIGHTS

OKTOBERFEST - THURSDAY, SEPTEMBER 30TH KOHLER SIGNATURE STORE BY GPS

ATLANTIC BUILDERS CONVENTION - OCT.11-13TH HARRAH'S WATERFRONT CONFERENCE CENTER

SBA INSTALLATION & HOLIDAY PARTY –WEDNESDAY, DECEMBER 8TH SPRING LAKE MANOR

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EVERYTHING YOU NEED TO BUILD EVERYTHING YOU’RE BUILDING.

CABINETRY • COLUMNS • CONNECTORS & FASTENING SYSTEMS • COUNTERTOPS • CLOSETS DECKING • DOORS (EXTERIOR & INTERIOR) • DOOR HARDWARE • DRYWALL & ACCESSORIES • ENGINEERED WOOD PRODUCTS EXTERIOR GYPSUM SHEATHING • EXTERIOR TRIMBOARD • FLASHING • FLOOR TRUSSES • FLOORING • FRAMING LUMBER HOUSE WRAP • INSULATION & FOAM BOARDS • LATTICE • LOCKS • MILLWORK • MOULDING • PANEL SYSTEMS • PLYWOOD ROOF TRUSSES • SHAFT WALL SYSTEMS • SHUTTERS • SIDING • SOUND CONTROL • STAIRS • STAIR RAIL COMPONENTS TOOLS & HARDWARE • WALL PANELS • WINDOWS

KITCHEN DESIGN & INSTALLATION • WINDOW & DOOR INSTALLATION • CLOSET DESIGN & INSTALLATION CUSTOM MOULDING & MILLWORK • FLOORING INSTALLATION • STAIR MANUFACTURING & RAILING INSTALLATION TRUSS DESIGN & CONSULTING • TAKEOFFS & I-JOIST PLACEMENT PLAN

800-325-8623 WOODHAVENLUMBER.COM Lakewood | Point Pleasant Beach | Manahawkin | Shrewsbury *

*Kitchen & Closet Design Center only

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Legal/Legislative

Legal/Legislative by Michael J. Gross, Esq., Steven M. Dalton, Esq. and Linda M. Lee, Esq. Mr. Gross is a Partner & Chair, Mr. Dalton is a Partner, and Ms. Lee is an Associate of Giordano, Halleran & Ciesla, P.C.’s Environmental Practice Group

NJDEP ADOPTS AMENDED REMEDIATION STANDARDS

present an opportunity for reduced obligations. Particular care should be given to such assessment with respect to remediation being performed in the context of pending transactions, and purchasers should ensure that the scope of required remediation satisfies the amended rule requirements. The rules have an immediate effective date of May 17, 2021. However, parties currently engaged in remediation may be able to take advantage of a 6-month phase-in period. To do so, and rely on the previously existing standards, the remediating party must be in compliance with applicable remediation timeframes and submit a compliant remedial action workplan or remedial action report to DEP by November 17, 2021. Such “grandfathering” does not apply in the context of standards that have changed by an “Order of Magnitude” (e.g. – standard has changed by a factor of 10). To the extent that the amended rules implicate new compliance obligations based on the changed standards and the remediating party is unable to meet applicable remediation timeframes, DEP’s rule adoption document recognizes that the requirement to meet new standards would provide a basis to support an application for an extension of the applicable remediation timeframes. It will also be critical to evaluate whether the amendments may impact previously completed remediation that has obtained a Response Action Outcome (“RAO”) or other Final Remediation Determination (“FRD”). Under the Brownfield Act, N.J.S.A. 58:10B- 13e, persons with liability under the Spill Act who have completed remediation pursuant

Michael J. Gross

Bulletin Board | 19 | www.shorebuilders.org Persons responsible for remediation will need to evaluate the amended standards to assess whether they impose additional burdens or The New Jersey Department of Environmental Protection (“DEP”) published notice on May 17, 2021 of its March 31, 2021 adoption of amended remediation standards set forth at N.J.A.C. 7:26D-1.1 et seq. (55 N.J.R. 775). It also released a plethora of new and updated guidance documents intended to assist remediation professionals and responsible parties navigate the rule requirements. The amended rules were adopted with little change from DEP’s April 6, 2020 rule proposal notwithstanding extensive substantive comment and objections by various industry groups representing parties who engage in remediation, including NJBA. The amended remediation standards may have ramifications for persons currently engaged in remediation and, potentially, persons who previously completed a DEP regulated remediation. The amendments, among other things: make changes to the applicable standards for regulated substances, in some cases establishing more stringent standards and in other cases relaxing standards; implement remediation standards specific to health exposure pathways, including the ingestion-dermal pathway and inhalation exposure pathway; create soil and soil leachate standards in contrast to the prior screening levels that were used to create site specific standards; and establish indoor air standards based on vapor intrusion.

Steve Dalton

Linda M. Lee

to standards applicable or approved by DEP at the time of completion of the remediation may be responsible for additional remediation if DEP subsequently adopts a more stringent remediation standard that differs by an Order of Magnitude from the level or concentration of the contaminant at the subject parcel and if such person does not qualify for the affirmative innocent purchaser defense to liability under the Spill Act. Some of the amended remediation standards adopted by DEP differ from the prior standards by an Order of Magnitude. For example, the soil remediation standard for ethylbenzene, a gasoline component and common contaminant, has changed by an Order of Magnitude. In its adoption document, DEP takes the position that Order of Magnitude changes in prior remediation standards apply even in the context of conversion of prior screening levels (which were not adopted as standards) to remediation standards, on the theory that such screening levels were utilized by responsible parties and LSRP’s to establish standards on a site specific basis, case-by-case basis. The amended rules establish remediation standards for new exposure pathways. Industry groups raised the concern that this action may implicate the potential for the re- opening of previously completed remediation cases pursuant to N.J.A.C. 7:26C-6.4(a)3. DEP responded to such comments in the adoption document as follows: “[i]t is not [DEP’s] intent to reopen every site that has a [FRD] to evaluate every contaminant for the [new] migration to ground water exposure pathway and indoor air vapor intrusion exposure pathway. However, [DEP] requires the [responsible party] to evaluate those contaminants found at closed sites that are subject to the order of magnitude provision.” Thus, in cases where a new exposure pathway is regulated, an Order of Magnitude change in a remediation standard will remain the basis for potential re-opener and the involved LSRP will need to assess whether the previously implemented remedy remains protective.

Bulletin Board | 20 | www.shorebuilders.org BLSJ filed an action in lieu of prerogative writs challenging the Ordinance. The trial court In a recent case, the Builders League of South Jersey (“BLSJ”) successfully challenged the Borough of Haddonfield’s (“Haddonfield”) adoption of an ordinance governing stormwater management (“Ordinance”) as exceeding its authority under the Municipal Land Use Law (“MLUL”), N.J.S.A. 40:55D-1 et seq., and the Residential Site Improvement Standards (“RSIS”), N.J.A.C. 5:21-1.1 et seq. The Ordinance at issue was made applicable to “all new homes and commercial buildings,” and required an extensive stormwater review and mitigation measures in compliance with DEP’s stormwater management regulations. Under DEP regulations, such review applies if a development, including a single family dwelling or duplex, is a “major development”. The Ordinance imposed its requirements even in the absence of a major development. In cases where the amended rules implicate re-opening a prior remediation case, it is anticipated that evaluation of potential additional remediation obligations will occur at the time of submission of biennial certifications for sites that are remediated to a restricted or limited restricted use remediation standard and are subject to a remedial action permit. For unrestricted use remediation sites, evaluation will likely be market driven, being raised by lenders or purchasers conducting due diligence in the context of potential transfers involving real property. Given the scope and potential implications o f the amended rules in the context of existing and previously closed remediation cases, parties with responsibility for remediation sites are encouraged to consult with their professionals to carefully consider the potential impacts of this rule. MUNICIPAL STORMWATER ORDINANCE INVALIDATED BLSJ v. Borough of Haddonfield

denied Haddonfield’s motion and granted BLSJ’s motion for summary judgment. The trial court held that Haddonfield exceeded its legislative authority in enacting the Ordinance and therefore the Ordinance was invalid. The trial court found that the Ordinance, in effect, subjected all new home construction to site plan review in direct conflict with the MLUL, which explicitly exempted detached one- and two-unit dwellings from site plan review. The court also found that the RSIS authorized stormwater management measures for “major developments” only, however, the Ordinance improperly required “all residential developments, including single-family and two- family homes, to comply with its stormwater management requirements.” The Appellate Division agreed with the trial court and affirmed. Developers should carefully evaluate municipal ordinances that set forth standards for stormwater review to confirm the ordinance comports with DEP requirements applicable to major developments and the municipality’s scope of authority under the MLUL and RSIS. RELIEF FROM USE VARIANCE TIME CONSTRAINTS Plaintiff Frank’s Realty Company (“Plaintiff”) was the owner of developed property in Vineland. Defendant Village Super Market, Inc. (“Village”) was a tenant operating a supermarket on Plaintiff’s property. Village entered into a contract to purchase property (“Property”) directly adjacent to Plaintiff’s property and on which Village intended to construct a larger supermarket. The Property was zoned only for agricultural uses. Village applied with the Vineland Zoning Board of Adjustment (“Board”) for a use variance and approval to construct the supermarket. The Board approved Village’s application and memorialized its decision in an April 18, 2018 resolution. Frank’s Realty Co. v. Vineland ZBA

Legal/Legislative Continued

A Vineland zoning ordinance (“Ordinance) required that after a use variance was granted, the applicant must commence the use within one year. Village submitted an application for preliminary major site plan approval on March 18, 2019, and requested that the Board consider the application at its April 17, 2019 meeting. However, delays occurred and the hearing on Village’s application was postponed to the Board’s May 15, 2019 meeting. Village sought an extension of time to secure preliminary site plan approval and submitted an amended petition to the Board, meeting all notice requirements, which included a request for a variance from the Ordinance’s time limits. The Board unanimously approved the extension and site plan application, memorialized in a June 9, 2019 resolution. Plaintiff challenged the Board’s approval of Village’s application. The trial court affirmed the Board’s approval and dismissed Plaintiff’s complaint. On appeal, Plaintiff argued that the Board did not have the legal authority to grant a variance from the one-year time restriction imposed by the Ordinance. Plaintiff asserted that the Board could not consider Village’s application because one year had passed since it had approved the use variance. The Appellate Division affirmed and agreed with the trial court’s conclusion that the Board had the power to extend the time limit based on the circumstances presented. The court noted that the MLUL does not require the recipient of a use variance to proceed with development within a certain period of time and, as a general matter, a variance runs with the land once granted. The court, however, also recognized that ordinances imposing a time limit on the validity of a variance is permitted.

Ultimately, the court reasoned that a board of adjustment may grant the lifting of conditions imposed in relation to the grant of a variance “upon a proper showing of changed circumstances or other good cause warranting a reconsideration by the local authorities.” The court determined that the failure to commence the use within one year of the use variance approval was not due to Village’s inaction, and instead resulted from the Board’s need for additional time due to a large volume of applications, and therefore the facts demonstrated good cause warranting relief from the Ordinance’s one-year time limit. Where a use variance has been granted, builders and developers should confirm whether or not a municipality requires that the use be implemented within a certain period of time. Where compliance with such time limitations is not possible, an extension may be warranted if there is “good cause” for same.

Docs #5119545-v1

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Market Update

From a BUILDER'S PERSPECTIVE

T he real estate market is HOT is New Jersey, with a perfect storm of circumstances fueling the frenzy. The pandemic certainly kicked off the need for housing in New Jersey, as many families leave the cities in search of more space and a change to the way they are living. With buyers flocking to the resale market with cash in hand, bidding wars are causing a spike in housing values. Sellers are in control, and many buyers are feeling defeated at the starting line. What are builders experiencing & how is our building industry faring during all of this? Here’s a take from a few of our builder members on what opportunities and obstacles they have faced through COVID-19 and how they have adapted to the current market. From a builder’s perspective: As a real estate salesperson / professional what opportunities and obstacles have you faced through COVID-19 and how have you and your company adapted and overcome? The market has really come full circle since the outbreak last March. The uncertainty of employment, state of the economy and world events created problems for demand back then. Now our biggest challenges are shortages of materials and increased construction costs. The increased demand for suburban housing has created a perfect storm of housing supply shortages which may in turn cause some real inflation.

We have been able to push our home sale pricing and rental rates in the current environment and with interest rates at historic lows, we are able to lock in long term mortgages for all of our operating assets and eliminate interest rate risk.

Jason Kaplan President, Kaplan Companies

As a result of the COVID-19 pandemic, builders have seen an extraordinary increase in the demand for homes and a rise in sales prices, which has been a silver lining of these difficult times. On the other hand, we have faced our share of obstacles during the pandemic such as compliance with Executive Orders, rising price in building materials and labor, material shortages and delayed deliveries, and of course, the total shutdown of construction in the early days of the pandemic. Palatial Homes has adapted to this "new normal" by following the CDC guidelines on the jobsite, taking necessary measures to keep our subcontractors safe, and by virtually meeting with customers. With vaccines rapidly rolling out and life returning to normal, the opportunities should hopefully continue to grow for the building industry overall, which is something we can all look forward to for the remainder of 2021 and hopefully into 2022.

Linda Bernaski

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YOU BUILD. WE’LL TAKE CARE OF THE REST.

Our team of seasoned professionals offers a “one stop shop” of expertise allowing you more time to do what you do best—build. LET’S GET STARTED.

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FWHassociates.com 1856 Route 9 | Toms River, NJ 08755 | 732.797.3100 100 N Krome Ave. | Florida City, FL 33034 | 305.307.5343

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Marketing Perspectives

If You Build It,THEYWILL COME

You just went live with the GOAT website! That’s so exciting in so many ways. A new website gives your company a fresh reset that can be just the spark that gets your customers and team excited about your brand again. Since it’s the hub of your marketing activities, having a new website is critical to your sales efforts. But once you’ve gone live with your new website how do you attract visitors and get the word out to Google (generic for search engines, sort of like Xerox for copies) that your website is ready for action? We’re all familiar with the saying “If you build it, they will come” from the classic 80’s movie Field of Dreams. I’m sorry to say that this concept does NOT apply to websites! It only works in the movies and if you’re Kevin Costner. I know. Everyone thinks if they build

the most amazing (GOAT) website that there will be hundreds and thousands of visitors flocking to it daily. Many of my clients that go live with a new website want to check their Google analytics and see those visitor numbers soar. But, unfortunately, that’s not how it works in the Google-verse. Building a website is just the beginning. After it goes live, there’s a whole process for getting that website to perform. Google doesn’t automatically reward you with high rankings for an organic search result. It doesn’t just bring your URL up to the top of the results list because you built a super-duper-ally-uper site. There is a specific process for gaining organic search rankings and I’m about to share with you the best strategic starting line-up to become #1!

Stephanie Shaffery, President Flair Marketing Group LLC 2021 FAME Co-Chair

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StartWith Google My Business

this base. They are serious about this. Google will call you out at the bag and it’s game over. In addition, the keywords you use for on-page copy need to be relevant to the topic of the page and not thrown in so that the copy doesn’t read well. Remember, Google will know the difference. Every great team has a strong hitter as third batter up. I like to think of a website’s content as the one that comes up to bat and makes the triple! The crowd goes wild when you increase content on your website and hit those first two runners home. The most effective way to increase your SEO rank for the keywords you’ve identified is through blogging. Every blog you post to your website provides another indexed page. The more indexed pages you have, the more relevant your website will be to Google. Blogging is the number one way to increase your organic keyword rankings with Google. In addition, blogging is a great way to position your company as a knowledgeable thought leader in your industry. It attracts visitor traffic to your website and provides valuable information to those visitors. If you are not blogging, you need to rethink your starting line-up! Building a website and going live on the internet is just one part of an ongoing process to attract traffic and engage potential customers online. To be number one, on page one of an organic search result takes time, practice, patience, and effort, as well as expertise. This article is literally the Readers Digest version of SEO and is not meant to oversimplify the process. My recommendation is to research the best resources on this topic, become educated in what Google requires for ranking, identify your keywords, and set some goals for your field of dreams. By analyzing results and tracking your progress, you’ll be able to prove the return on your company’s investment in a new website, hit that grand slam, and become the MVP of your company’s marketing success! Make That Triple with Content

Search Engine Optimization (SEO) is the ultimate trophy in the field of dreams known as the internet. If you want your hitting line-up to start off strong, Google My Business is where you need to start. When you Google your company name there will be a listing that comes up on the right side of your screen. It is important to click the link “own this business?” so you can control your business listing on Google. Once you claim your company listing (you’ll need a Gmail account to login with), you can build out the Google profile, correct any misinformation, add your location (important for Google maps ranking), link your website, add hours, create posts, add photos, a logo, and list your services. You can also get a link that you can send to customers, colleagues, and vendors or subcontractors to review your company. Google reviews are like gold when it comes to your SEO ranking. Be sure to gain as many 5-star reviews as you can. on the bases to make that homerun. This is where you will make serious progress on your SEO rankings. My recommendation to SEO clients is that they select up to a dozen keywords/keyword phrases they think their ideal customers are using on a search engine to find their products and services. This does not mean your industry terminology that most of your customers won’t necessarily use in a search. I recommend long-tailed keyword phrases that are less competitive but still highly searchable. For instance, instead of “custom homes” which is very general and will come up with results all over the world, use a more specific keyword like, “custom homes on LBI”. These keywords should be utilized in back- end coding for Meta-titles and Meta-names, as well as on page where the keywords are appropriate. DO NOT STUFF KEYWORDS in your website or coding. Google doesn’t like this and will penalize you if you try to steal Keywords to Move Your Players Forward Keywords are the second key to your SEO lineup. You want to move your website forward

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COUNT ON OUR CAPITAL. BUILD YOUR BUSINESS.

Walter Sierotko , EVP 732.726.5420

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INDUSTRIAL CONSTRUCTION LOAN PISCATAWAY, NJ $18,000,000

OFFICE BRIDGE LOAN RED BANK, NJ $16,500,000

OFFICE/RETAIL CONSTRUCTION PERMANENT LOAN SUMMIT, NJ $8,900,000

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www.Provident.Bank

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Thursday, JULY 15, 2021 Rain or Shine MARTELL’S, PT. PLEASANT

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Company: __________________________________________________ Contact:__ ________________________________ Phone:___________________________Fax:________________________Email:__________________________ The following individuals will attend (you must provide a name for each individual attending) Name: ___________________________________________ Name: ______________________________________________ Name: ___________________________________________ Name: ______________________________________________ Name: ___________________________________________ Name: ______________________________________________ SBACNJ Annual Beach Party 6:00 pm - 9:00 pm Open Bar & BBQ on the Beach Largest Networking Event of the Year ! Early Member Registration $105 Per Person Non NJBA Member $125 Per Person After Close of Business July 8, ALL Registrations are $125 Per Person All Registered Attendees Must be Over 21

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PAYMENT POLICY All reservations must be paid in advance of the meeting. There will be no billing. CANCELLATION POLICY If you need to cancel your reservation, you MUST call the Association office by THURSDAY, JULY 8th or you will not receive a refund. NO SHOWS WILL NOT BE REFUNDED.

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NAHB Update

In a special insert of the May-June edition of ProBuilder, NAHB details the top Association priorities and highlights trends that are shaping the residential construction industry, demonstrating the value of membership. Click the button below to view the entire insert, or check out some featured stories from the insert below. NAHB Update

Builder Outlook

Trends and Insights in Residential Construction

An NAHB Publication In Collaboration with Pro Builder Media

View Insert >

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Builder Spotlight

TRINITY DOMINION

D uring the 20 years living in Europe where he had a successful history of investing in real estate, Rimvis Mati, CEO of Trinity Dominion, LLC, had a goal of coming to the United States and building custom residences for high end buyers. His real estate roots in Europe run deep, where he was involved in a variety of projects including commercial and retail with big shopping centers and build to suit projects. He also built multifamily home communities, with his largest project consisting of 220 units. While living in Europe he worked in various capacities including project management, development, and investment. In 2018, Rimvis realized his dream, settling in New Jersey and forming a new building company, Trinity Dominion. One of the first things Rimvis and Trinity Dominion did was join Shore Builders

Association of Central New Jersey, and according to him, “Joining the Association opened a lot of doors for me and my company. Coming from overseas, the market and building process are different. Networking with other builders and having the opportunity to learn from them was a huge benefit. We also felt very welcomed by the Association and everyone was so friendly and inviting, including the staff.” In Europe concrete was the main building material, as opposed to the wood construction that is prevalent in the United States. This posed a challenge for Trinity Dominion in learning how to build with the widely used materials in this area, but like many of the other obstacles they faced, Trinity Dominion quickly overcame this as well.

Utilizing the tools and knowledge Trinity Dominion brought with them from Europe was the catalyst to their success here. Their designs are mainly influenced by the company’s European experience and have attracted buyers that appreciate the simplicity and clean elegance of the home designs. In addition, some of the materials used in the construction, like custom designed and imported windows, give their buyers the opportunity to design and build a truly unique home. These details are the focus of Trinity Dominion’s projects, allowing the buyers to have every opportunity to make their home custom. The company has formulated a very customer-focused process specific to each family’s unique needs. And, to top it all off, the home designs provide top quality energy efficiency, comfort, smart home features, and utilize many organic,

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