Bulletin Board Magazine [Volume 2 - 2025]

The Sustainable Communities (“Alliance”) opposed the permit, arguing that the stormwater management plan was inadequate, and that the property was a habitat for endangered species like the bald eagle. It submitted reports challenging the NJDEP’s findings and the classification of wetlands on the property. However, following a thorough review, NJDEP concluded that the project met all necessary environmental standards and regulations. The applicant addressed public comments and concerns, including those from Alliance, and determined that the stormwater management plan would not adversely affect the surrounding areas. upheld NJDEP’s decision, emphasizing the agency’s expertise in handling technical and environmental matters. The court found NJDEP had acted within its authority and that its decision was not arbitrary or unreasonable. NJDEP had considered all relevant factors, including the potential impact on wildlife, and concluded that the property did not require a formal wildlife survey as it was not within a critical habitat zone for endangered species. Notably, the court recognized that while NJDEP employs the Best Management Practices (“BMP”) Manual when reviewing stormwater compliance, the BMP Manual provides “recommendations, not requirements” and represents guidance. Further, the court noted the BMP Manual allows for alternative stormwater management measures where the design engineer adequately demonstrates the capability of the alternative measure to address stormwater conditions. Alliance for The Appellate Division

This case highlights NJDEP’s crucial role in regulating flood hazard areas and stormwater management and underscores the importance of active engagement with NJDEP on stormwater design measures that may vary from the BMP Manual.

LONG BRANCH - LRHL

Blackridge Realty v. City of Long Branch

In Blackridge Realty, Inc. v. City of Long Branch, 481 N.J. Super. 183 (March 6, 2025), the Appellate Division addressed several important issues regarding municipal redevelopment plans and payments associated with such projects. This case revolved around a dispute over an amendment to the City of Long Branch’s redevelopment plan and a $2 million payment made by the redeveloper, 290 Ocean, LLC (“290 Ocean”), to the City of Long Branch (“City”). Blackridge Realty, Inc. (“Blackridge”), another developer and the owner of a rental high rise immediately to the North of the 290 Ocean building, challenged the legality of both the amendment and payment. The property at issue was part of a designated redevelopment area in Long Branch. The original redevelopment plan set specific guidelines for development in this area. In 2020, 290 Ocean proposed a project that required amending the existing plan to modify certain restrictions, such as increasing building height and coverage limits. The City approved the changes, finding them consistent with its master plan and in the City’s best interests. As part of the

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Bulletin Board | 32 | www.shorebuilders.org