Bulletin Board Magazine 2020, Volume 2

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

PERMIT EXTENSION ACT OF 2020

Board. The amended rules will replace the existing nonstructural stormwater management strategies provisions with specific green infrastructure BMPs to address stormwater quality and quantity. Some municipalities have adopted ordinances to conform and immediately implement stormwater provisions to the DEP amended regulations, notwithstanding the deferred effective date implemented by DEP. If a DEP approval is being sought for a project with a stormwater management system that does not incorporate green infrastructure, local ordinance requirements should be carefully reviewed, and immediate action should be taken to ensure sufficient time to obtain a completeness determination or approval from DEP prior to March 2, 2021. CONDOMINIUM ASSOCIATIONS / STANDING Historic landmark buildings were used for the development of condominiums. The unit- owner controlled board of trustees retained consultants to perform an investigation regarding the condition of the condominium buildings’ common elements. The consultants determined that water was seeping into the buildings through windows, and opined that the windows were improperly installed or were defectively designed and manufactured. The condominium association brought suit f or relief based on the alleged negligence in the design, repair, and construction of the buildings. Rialto-Capitol Condo. Ass’n v. Baldwin Assets Assocs., et al.

Bulletin Board | 43 | www.shorebuilders.org A discussion of the rule proposal can be found in the 2018 – Volume 4 edition of the Bulletin The registration period of the Permit Extension Act of 2020 (“PEA”) closed October 8, 2020. The PEA, signed into law on July 1, 2020, extended the terms of certain governmental permits, approvals, and deadlines for the duration of the “COVID-19 Extension Period,” contingent on the holder of the permit or approval registering the affected permit or approval with the issuing state agency. The New Jersey Department of Environmental Protection (“DEP”) is now required to publish a list of those permits that were registered under the Extension Period, which began on March 9, 2020 and will continue until the end of the COVID-19 public health emergency. Persons who registered approvals should review DEP’s forthcoming notice to confirm the subject approvals were included in the notice and qualify for extension. DEP adopted its Green Infrastructure Stormwater Rule on March 2, 2020 with a one year delayed effective date. The March 2, 2021 effective date is fast approaching. Major development projects requiring stormwater review must either design to meet the new Green Infrastructure provisions of the rules, or take immediate action to secure vested rights under the current version of the Stormwater Rules prior to March 2, 2021. STORMWATER GREEN INFRASTRUCTURE RULE EFFECTIVE DATE LOOMING

Michael J. Gross

Steve Dalton

Linda M. Lee