Hartman & Winnicki, P.C.

Counselors At Law

Real Estate Development and Redevelopment:
Planning and Zoning Matters, Realted Land Use Litigation.


     Representing corporate and individual applicants or objectors before municipal planning and zoning boards, county, state and federal agencies regarding major and minor subdivisions, site plan and change of use approvals, variances, certificates of nonconforming use, appeals from permit denials, requests for waivers or reasonable accommodations / modifications of policies, plans, and procedures, and other land use related matters.

     Obtaining or challenging local zoning ordinance changes.

     All aspects of redevelopment law and regulatory condemnation matters.

     Federal and State Historic Districts and national Landmarks.

     Persaonal Wireless Services (cell tower) site deployments and lease contracts.

     Litigation regarding all types of planning and zoning board matters.
 
 

Contact an Attorney in this Practice Group:

Dariusz M. Winnicki



 

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Hartman & Winnicki, P.C.
West 115 Century Road
Paramus, New Jersey, 07652
Phone: (201) 967-8040
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230 Park Avenue, Suite 2430
New York, New York 10169
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ANJEC - The Association of New Jersey Environmental Commissions, a non-profit organization promoting long-term natural resource protection by supporting local environmental commissions and educating local officials and other concerned citizens.

AQUIFER - A water-bearing geologic formation, sometimes confined between clay layers and sometimes on the surface. The source of ground water for drinking and irrigation.

BMP - Best Management Practice; refers to the practice considered most effective to achieve a specific desired result for protection of water, air and land and to control the release of toxins.

CAFRA - Coastal Area Facilities Review Act. Passed by the NJ Legislature to regulate development within a specific geographic coastal zone. CAFRA II amended the original act in 1993 to address single units of development near coastal waters and coordinate CAFRA Regulations with the State Plan.

CR0SS-ACCEPTANCE - The process through which local and county government have input into the state planning process, negotiating differences with the Office of State Planning.

CZMA - Coastal Zone Management Act. National Oceanographic and Atmospheric Administration (NOAA) provides funding for implementation and sets standards (including prevention of non-point source pollution) for states to comply with when they develop a plan to protect their coastal areas. NJDEP uses CAFRA Regulations to implement this program. NOAA reviews state implementation every 3 years.

DCA - Department of Community Affairs, a state agency which oversees local government activity, housing, finances, etc.

DEP - Department of Environmental Protection, a state agency charged with protection and preservation of natural resources and control of toxins in the natural environment.

DOT - Department of Transportation, a state agency charged with development and maintenance of transportation infrastructure in New Jersey.

EPA - Environmental Protection Agency, a federal body charged with responsibility for natural resource protection and oversight of the release of toxins and other threats to the environment.

ERI (NRI) - Environmental Resource Inventory, a listing and description of natural resources and general environmental characteristics of a given geographic area.

ESTUARY - A water body where salt and fresh water meet resulting in brackish water. These areas usually have associated marshlands and are critical nursery and feeding habitat for a variety of marine species.

EUTROPHICATION – The natural aging process of water bodies, by siltation and organic decomposition, which reduces both water volume and oxygen levels. Surface run-off or airborne deposition of nitrogen and phosphorus accelerate this.

FLOOD HAZARD AREA – Total stream and adjacent area periodically covered by overflow from the stream channel containing 1) the floodway which is the channel itself and portions of the immediately adjacent overbank that carry the major portion of flood flow, and 2) the flood fringe beyond it which is inundated to a lesser degree.

FLOOD PLAIN - Nearly level area adjacent to a water body, subject to inundation under heavy rain or blockage conditions (overflow area).

GROUNDWATER - All water below the surface of the land.

IMPERVIOUS SURFACE - Any surface through which rainfall cannot pass or be effectively absorbed. (Roads, buildings, paved parking lots, sidewalks etc.)

ISTEA now TEA-21 - Federal legislation that encompasses all transportation regulation and funding (Inter-modal Surface Transportation Efficiency Act was the original title).

MITIGATION – Process or projects replacing lost or degraded resources, such as wetlands or habitat, at another location.

MLUL - Municipal Land Use Law, the legislation under which land use planning and decisions are carried out at the local level, specifies the process for such determination and usage.

NON-POINT SOURCE POLLUTION (NPS) - Pollution that cannot be identified as coming from a specific source and thus cannot be controlled through the issuing of permits. Storm water runoff and some deposits from the air fall into this category.

RESIDENTIAL SITE IMPROVEMENT STANDARDS (RSIS) - A body of development rules, promulgated by DCA, that delineates infrastructure requirements for new residential areas. (Road widths, sidewalks, type of materials used, etc.)

RUNOFF – The water that flows off the surface of the land, ultimately into our streams and water bodies, without being absorbed into the soil.

SILTATION - Process by which loose soil is transferred and builds up in streams, rivers, and lakes, causing changes in stream channels and in depth. It may result in filling in an area and/or causing flooding.

STATE PLAN - The State Development and Redevelopment Plan (SDRP). A body of goals and objectives delineating the future physical appearance of New Jersey after consultation at all levels of government.

STREAM CORRIDOR - The area (containing wetlands, flood plains, woodlands, unique habitats, and steep slopes) which lies between relatively level uplands and stream banks and through which water, draining from the uplands, flows and is naturally cleansed and stored. Base flow for streams comes from ground water as springs and seeps.

SWAP - Source Water Assessment Plan, a requirement of the 1996 amendments to the federal Safe Drinking Water Act that an assessment and protection plan be developed for each surface water source used for drinking water. New Jersey is in the process of developing such a plan.

USGS - The United States Geological Survey. A federal agency which provides mapping of topography, aquifer levels, and areas where aquifers are recharged.

WATERSHED - The geographic area which drains into a specific body of water. A watershed may contain several sub-watersheds.

WETLANDS – Area having specific hydric soil and water table characteristics supporting or capable of supporting wetlands vegetation.