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2024 NJ Zoning & Land Use Administration

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  2024 NJ Zoning & Land Use Administration

Current Edition: 2024

Print Edition Commentaries Are Current Through:
256 N.J. 64; 477 N.J. Super. 144; L. 2023 c. 349

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Online Edition - via Gann's What's New Feature - is Current Through:

N.J. cases app'd for pub. on February 22, 2024; U.S. Sup Ct cases through 216 L.Ed.2d 1178; N.J. Chap. Laws through L. 2023 c. 194

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Synopsis  arrow
NJ Zoning & Land Use Administration

Comments and Annotations by William M. Cox (1966-2010) & Stuart R. Koenig (2011-2012)

Revised and Updated By Jonathan E. Drill & Lisa A. John-Basta

This work is a practical guide through the intricacies of municipal land use law, written by an acknowledged expert. It covers: The structure and organization of municipal boards; their powers; the requirements for variance, site plan, subdivision and other applications made before them; the process of hearing, decision and appeal; promulgation of zoning ordinances and challenges to such ordinances; and many other critical issues, such as potential liability of boards and board members. It also contains the complete text of The Municipal Land Use Law (N.J.S. 40:55D-1 et seq.), a draft of model rules for a zoning board of adjustment, model procedural rules for a planning board, a sample zoning board of adjustment resolution, a sample court judgment and other forms. Complete in a single volume, portable paperback format, this book provides the guidance long needed by attorneys representing municipal boards as well as those representing applicants and is an invaluable reference work for board members and applicants themselves.

New Authors - Drill & John-Basta

About The Authors  arrow

William M. Cox
William M. Cox was a graduate of Syracuse University (AB) and Cornell University (JD). He was a consultant on planning and zoning matters to several municipalities, property owners and developers. He was a member of the Newton law firm of Dolan and Dolan, P.A.

He served as attorney for many municipalities, county and municipal planning boards, zoning boards of adjustment, urban renewal projects, watershed coalitions, municipal utility authorities and boards of education.

Mr. Cox was General Counsel Emeritus to the New Jersey Planning Officials, past president of the New Jersey Institute of Municipal Attorneys, (now known as the New Jersey Institute of Municipal Law Officers), and a member from its inception of the Municipal Land Use Law Drafting Committee, serving as chairman of the Committee from 1993 to 1998. In 1999, the New Jersey Institute of Municipal Law Officers created the 'William M. Cox Award' to be presented to attorneys and judges for excellence in the field of land use law. Mr. Cox was the first recipient of this award. In 2003, Mr. Cox was recipient of the Sussex County and New Jersey State Bar Association Award for Professionalism in Law and also received the Michael A. Pane Award, which is conferred upon the attorney who has exemplified the highest standards of ethics and whose work has significantly enhanced the integrity of local government.

Mr. Cox developed a course 'Principles of Zoning Administration' and was a co-adjutant faculty member of the Department of Government and Services, Division of Continuing Education of Rutgers, the State University from 1968 to 1998. He was biographied in such works as 'Who's Who in America', 'Who's Who in the World', 'Dictionary of International Biography', 'Men of Achievement', 'Who's Who in American Law' and other similar publications.

Stuart R. Koenig
Stuart R. Koenig was a graduate of Rutgers University (BA) 1969 and (LS) 1972. The majority of his practice had been in the field of land use and municipal law. He served as attorney for various municipal agencies, property owners, and developers. Over his career, he served as attorney to over forty municipal agencies, and appeared before many more land use boards. He served as Senior Assistant Counsel to the New Jersey League of Municipalities, and as General Counsel to the New Jersey Planning Officials. He served as Chairman of the League's Legislative Committee on Land Use, Environment, and Community Development. He also had been a member of the Municipal Land Use Law Drafting Committee, and succeeded William M. Cox as Chairman in 1999. For many years, he was acknowledged by William M. Cox for his contributions to this book.

Mr. Koenig was Past President (1993-1994) and Trustee of the New Jersey Institute of Municipal Attorneys (now known as the New Jersey Institute of Municipal Law Officers). He also served as a Trustee, Land Use Section, New Jersey State Bar Association. He received numerous awards and recognition for his service, including: the William M. Cox Award from the New Jersey Institute of Local Government Attorneys for distinguished service in the field of land use law (2009); the Fred G. Stickel III Award from the New Jersey Institute of Municipal Attorneys for distinguished service in improving public sector law (2005); the Excellence in Planning Award from the New Jersey Planning Officials (2003); the Walter Wittman. Writing Award from the New Jersey Institute of Municipal Attorneys (1997); and the Distinguished Service Award from the New Jersey State League of Municipalities (1996).

Mr. Koenig frequently lectured and wrote on land use and municipal law issues. He served on various panels at the convention of the New Jersey League of Municipalities as well as an instructor for the New Jersey Planning Officials on the Municipal Land Use Law, and participated on numerous Institute for Continuing Legal Education (ICLE) and other continuing legal education panels. He had numerous reported cases in areas such as affordable housing, site standards, implied powers of land use boards, master plans, validity of ordinances, official maps, immunity of board members from civil rights claims, procedural due process, and the reasonableness of land use decisions. He was, on four occasions, appointed a Special Master by the Superior Court of New Jersey.

Jonathan E. Drill
Jonathan E. Drill is a graduate of Brown University (A.B. 1980) and Boston University School of Law (J.D. 1983). He is a member of Stickel, Koenig, Sullivan & Drill, LLC, serves as attorney for a number of municipal land use boards throughout northern and western New Jersey, and also serves as special counsel to various municipalities regarding issues involving affordable housing and farmland preservation.

Mr. Drill has authored a number of articles which have been published in The New Jersey Law Journal, New Jersey Lawyers Magazine, Municipal Law Review (now Local Government Law Review), and New Jersey Planner. He serves as an instructor for the New Jersey Planning Officials and has also lectured and served on various panels at the annual conference of The New Jersey League of Municipalities.

Mr. Drill's contributions to New Jersey Zoning & Land Use Administration commenced in the late 1980's when he struck up a professional correspondence with William M. Cox, the book's original author. He and Bill Cox talked over the phone through the years about their respective cases and issues to be addressed in the book. Later, Mr. Drill's tutorial on land use law continued when Stuart R. Koenig, the book's second author, hired Mr. Drill. Mr. Drill's contributions to the book increased during Stu Koenig's authorship.

Mr. Drill is excited to continue the history of land use practitioner authorship of the book.

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Lisa A. John-Basta
Lisa A. John-Basta is a graduate of Ramapo College (B.A. 2000) and Seton Hall University of Law (J.D. 2003). Since graduating law school Ms. John-Basta's practice has been dedicated to land use and redevelopment law. Her career began with a clerkship for the Honorable B. Theodore Bozonelis, Assignment Judge of the Morris and Sussex Vicinages, where she handled a docket of prerogative writ matters. From there, she had the great pleasure of working at Stickle, Koenig & Sullivan where she was mentored by Stuart R. Koenig, Esq., where she served as counsel to a number of municipal land use boards. Thereafter, at another law firm, her primary practice shifted to representation of developers before municipal land use boards throughout the State. Today, she is practicing at Chiesa Shahinian & Giantomasi, PC where she represents national commercial retailers, Fortune 500 companies, health care facilities and residential developers before local land use boards and in litigation. She has had the unique experience of practicing in all facets of the municipal land use law, first in the courts and thereafter continuing as a board attorney as well as a developers' attorney.

Ms. John-Basta is the co-author of the Municipal Land Use Law Chapter of the Complete Guide to Planning in New Jersey, 2010 Third Edition, published by the American Planning Association, New Jersey Chapter; and is delighted to continue her mentor's legacy of participating in the drafting of this book.

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