Redevelopment

Maraziti Falcon, LLP provides the right legal tools to implement redevelopment and rehabilitation projects to revitalize New Jersey’s cities and towns. The firm’s legal services have played a significant role in the realization of billions of dollars in various redevelopment projects throughout the State.

The attorneys at Maraziti Falcon, LLP have acquired a unique depth of experience guiding clients through the legal labyrinth associated with redevelopment and rehabilitation projects, including the designation of a site as an area in need of redevelopment; the preparation and adoption of redevelopment plans; the skillful negotiation and drafting of the redevelopment agreement; and the oversight of the implementation and completion of the project in accordance with established schedules and milestones.

The rough canvas for most redevelopment projects in New Jersey is often a brownfield or former industrial site affected by site remediation and permitting requirements. The attorneys at Maraziti Falcon, LLP also bring to the redevelopment table their broad experience in dealing with the environmental issues and liabilities which so often accompany redevelopment projects in New Jersey.

The firm has also litigated many of the multiple issues that arise in the redevelopment process and as such, has been at the forefront of the emerging case law in this highly specialized field. Redevelopment projects involve acquiring land, responding to project challenges and addressing permitting, scheduling and termination issues, among other things. Each of these components may become the focus of litigation by opponents to the project. Maraziti Falcon, LLP has had considerable experience defending such challenges and has had significant decisions in the Appellate Division and Supreme Court reported.

Brownfields are often the focus of redevelopment efforts. Maraziti Falcon, LLP has extensive experience with Brownfields policy and its practical application to redevelopment projects in New Jersey. Some of the more significant Brownfields projects in which the firm has been involved include the following:

  •  iPORT 440 International Business Center, Perth Amboy Redevelopment Agency: negotiated and prepared a redevelopment agreement to provide office, retail, technology/flex warehousing, a waterfront greenway and certain recreational property for public use and enjoyment; this brownfield site is listed on the New Jersey Portfields Site List for development for light manufacturing to serve the Port area; the $178,000,000 project, backed by Goldman Sachs, involved complex environmental cleanup and long-term liability issues related to the operation and maintenance of the engineering and institutional controls which comprised the permanent remedial action, as well as the renewal and funding of the requisite Remedial Action Permits and Remediation Financial Assurance.
  • Edison Crossroads, Edison:  represented ARC Properties, a private redeveloper, in obtaining the first Redevelopment Reimbursement Agreement from the State of New Jersey under the Brownfield and Contaminated Site Remediation Act (BCSRA) which provides for the reimbursement of 75% of a redeveloper’s cleanup costs from sales taxes generated by the project; ARC constructed a commercial complex consisting of retail, restaurants and a bank on a former contaminated and bankrupt industrial parcel; the State of New Jersey funded the project with over $1.2 million dollars as reimbursement for cleanup costs; the project was also awarded the “Brownfields Phoenix Award” by the United States Environmental Protection Agency.
  • Clifton Commons, Clifton:  represented a national retail development company in the redevelopment of a former industrial parcel which was contaminated; compliance with the Industrial Site Recovery Act (ISRA) and the New Jersey Spill Compensation and Control Act (Spill Act) was required; the firm negotiated and drafted complex transactional documents to complete the acquisition and long term cleanup of the site.
  • The Firm recently won an important victory in the Appellate Division for the City of Hoboken in Applied Monroe Lender LLC v. City of Hoboken Planning Board and City of Hoboken.  The subject property is in a redevelopment area and covered by a Redevelopment Plan.  The original redeveloper had entered bankruptcy and the Plaintiff purchased the property from the Bankruptcy Trustee.  The Plaintiff then sought to proceed directly to the Planning Board without becoming the designated redeveloper or entering into a redevelopment agreement with the City.  The Appellate Division agreed with the City of Hoboken that the Redevelopment Plan prohibited an application to the Planning Board without first becoming the designated redeveloper.  This unanimous decision upholds the principle that a municipality plays an integral and necessary role in the redevelopment process.  This well-reasoned opinion guarantees that cities and towns in New Jersey will remain active participants in redevelopment and recognizes the importance of a well written and comprehensive Redevelopment Plan.  It was an important win for all municipalities engaged in redevelopment in New Jersey, as it reinforces the powers and key role of the public sector in the process to revitalize New Jersey’s cities and towns.