Notices

Posted on: April 6, 2018

Soil Erosion Performance Guarantees under the Recent Changes to the MLUL

As many municipalities are now working to amend their land use ordinances to conform to the recent changes in The Municipal Land Use Law (“MLUL”), one nuance is the application of the Soil Erosion and Sedimentary Control Act (the “Act”).

The Municipal Land Use Law (“MLUL”) was recently amended to place limitations on the circumstances in which municipalities can require performance and maintenance guarantees from a developer. Many municipalities are now working to amend their land use ordinances to conform to the recent changes. As your municipality works on this, one slight nuance to be aware of is the application of the Soil Erosion and Sedimentary Control Act (the “Act”) in regards to performance guarantees.

As provided for under the Act, some “exempt municipalities” have opted to have themselves perform the enforcement and control duties, which would otherwise be left to regional Soil Conservation Districts. When acting in this role, it is possible for municipalities to still require performance and maintenance guarantees from developers.

For more on this issue, we encourage you to read our recent blog post. You should review this issue carefully with your municipal attorney for further guidance and to ensure your municipality accounts for the recent changes in the MLUL while maintaining its possible authority under the Soil Erosion and Sedimentary Control Act.

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481, ext. 137.          


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