September 22, 2022

Hyland Levin Shapiro Partner Stacy L. Asbell appointed Board President of Samost Jewish Family & Children’s Service of Southern New Jersey

Hyland Levin Shapiro LLP partner, Stacy Asbell has been appointed Board President of the Samost Jewish Family & Children’s Service of Southern New Jersey (“JFCS”).

JFCS helps Jewish families and the community at large to successfully meet the challenges of daily life by providing quality, affordable, and accessible social services.  JFCS is guided by their values of caring for individuals with dignity and respect and helping people to help themselves.

Stacy has served on the JFCS Board since 2012 and served as a Vice President prior to being appointed President.  Stacy has specialized in representing real estate clients in purchase, sale, financing and leasing transactions for the past 25 years.


Stacy can be reached at asbell@hylandlevin.com or
(856) 355-2914.

September 6, 2022

The NJDEP to Adopt Portions of the Protecting Against Climate Threats (PACT) Rules via its Emergency Rulemaking Powers

For many in the field of real estate development, including developers, builders, engineers, planners and land use attorneys, on May 25th, a bell was tolled.

The New Jersey Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.) permits an agency such as the New Jersey Department of Environmental Protection (the “NJDEP”) to make emergency amendments to the New Jersey administrative code upon a finding of imminent peril to public health, safety, and welfare. N.J.S.A. 52:14B-4(c).  On May 25th, the NJDEP announced that it would be adopting portions of the Protecting Against Climate Threats (PACT) Rules pursuant to these emergency rulemaking powers, meaning that these emergency PACT rules would take effect the day they are filed with the Office of Administrative Law and would be valid for sixty (60) days from that date.  In addition, the NJDEP has announced its intention to file not only the emergency PACT rules, but also a concurrent proposal which would enable the rules to remain in effect for a period longer than 60 days.  Once the emergency rules (along with the concurrent proposal) are published in the New Jersey Register, a thirty (30)-day comment period will begin, to run concurrently with the 60-day validity period.

Why is this important?  In the simplest terms, the emergency PACT rules will have a significant and sustained impact on development in New Jersey, as the emergency PACT rules to be adopted include, among other things, changes to the Fluvial Flood Hazard Area (FHA) rules and the Stormwater Rules.  The term “fluvial” generally means “of or relating to a river or stream”, and as such, the changes to the Fluvial FHA rules will be limited to projects located in fluvial areas.  In other words, they will not be applicable to tidal areas.

Under the current Fluvial FHA rules, the Design Flood Elevation (the “DFE”) is the higher of: (1) Flood elevation mapped by the NJDEP (where applicable); or (2) the FEMA 100-year flood elevation, plus one foot.  However, under the proposed emergency Fluvial FHA Rules, the fluvial DFE will be raised by two feet.  As such, applicants utilizing their own flood projections will be required to use rainfall data for the year 2100 in order to calculate an alternative DFE.  If an applicant’s project is not currently located in a floodplain, it must determine whether its application for development will be impacted, and to what degree, by the additional two feet of flood elevation.

As another example, and with respect to stormwater, the emergency rules will require that stormwater designs manage runoff for both today’s storms and future storms, again utilizing county-based rainfall projections for the year 2100, which projections are up to 50% higher than current totals.  The emergency rules will also remove the use of Rational and Modified Rational methods for stormwater calculations.  Furthermore, municipalities will have only one year to update their municipal stormwater ordinances to account for the new rules.

Thankfully, there are certain exceptions to the applicability of the emergency rules.  With respect to the Fluvial FHA rules, applicants will not have to comply with the new standard if:

  1. The regulated activity is part of a project that already has a valid FHA permit. See J.A.C. 7:13-2.1(c)1; or
  2. The regulated activity is part of a project that requires an FHA permit and a complete application for the project was submitted to NJDEP prior to the emergency rulemaking; or
  3. The regulated activity is part of a project that does not require an FHA permit prior to the emergency rulemaking, and:
    • The project has received all necessary Federal, State and local approvals prior to emergency rulemaking; and
    • Construction has commenced, also prior to the emergency rulemaking. See J.A.C. 7:13-2.1(c)4.

Note, however, that obtaining a flood hazard area verification or applicability determination, as opposed to a permit, prior to the emergency rulemaking does not automatically exempt a new project from the new standards.

Regarding stormwater, developers will not have to comply with the emergency rules if:

  1. The project needs FHA, Coastal Zone Management, Freshwater Wetlands, or Highlands approval and a complete application for such was submitted to NJDEP prior to the emergency rulemaking. See J.A.C. 7:8-1.6(b)2; or
  2. The project does not require any NJDEP approval and has already received certain local approvals pursuant to the Municipal Land Use Law (“MLUL”) (J.S.A. 40:55D-1 et seq.) prior to the emergency rulemaking. See N.J.A.C. 7:8- 1.6(b)1.

As mentioned, municipalities will only have one year to amend their stormwater ordinances to account for the new rules.  However, the emergency stormwater rules will be effective immediately under the Residential Site Improvement Standards (“RSIS”), unless covered by N.J.A.C. 7:8-1.6(b)1, which supersede any municipal ordinance to the contrary and apply strictly to residential development (as opposed to non-residential development).

The NJDEP has already delayed filing the emergency portion of the PACT rules with the Office of Administrative Law at least once, and it is rumored it might happen again due to public outcry from entities such as the New Jersey Builders Association.  Others hear that the emergency rules will be filed sometime after Labor Day of this year.  In any event, those in the business of developing real property, including developers, builders, engineers, planners, and land use attorneys, must be aware of these emergency rules in order to anticipate how they will affect development projects moving forward and be able to swiftly adapt to avoid project delays.


The contents of this article are for informational purposes only and none of these materials are offered, nor should they be construed, as legal advice or a legal opinion based on any specific facts or circumstances.

June 27, 2022

William H. Dungey III, Esquire Joins Hyland Levin Shapiro

William H. Dungey III, Esquire has joined Hyland Levin Shapiro LLP as an associate and will continue his concentration in the areas of succession planning, trusts and estates litigation and real property taxation.

Prior to joining Hyland Levin Shapiro, William practiced at another South Jersey law firm. After law school, Will served as a Judicial Law Clerk to the Honorable Mark Cimino, J.T.C. Judge, New Jersey Tax Court and Superior Court of New Jersey, Chancery Division, Probate Part.

“Will is a welcome addition to our firm’s robust succession planning, trusts and estates department,” said partner Steven Fabietti. “Our ability to assist clients in these critical practice areas is enhanced by the experience that Will brings to the firm.”

William is a graduate of Benjamin N. Cardozo School of Law (J.D. 2019), and West Virginia University (B.A. 2015). In law school, he was an associate editor of the Cardozo Journal of Conflict Resolution and was Vice President and Treasurer of the Labor and Employment Law Society. He was a member of the Black Law Students Association and served as a student advocate for the Bet Tzedek Civil Litigation Clinic. He is admitted to practice in New Jersey.

Will is a member of the NJSBA Young Lawyers Division and the Camden County Bar Association.

He resides in Oaklyn, New Jersey. In his free time, Will enjoys cooking and distance running. He is a proud self-taught guitarist.

Will may be reached at dungey@hylandlevin.com or 856.355.2927.

May 9, 2022

Attorney, Natalia Teekah’s Article on Environmental Due Diligence in New Jersey published by WCRE InfoFriday

The article titled “Environmental Due Diligence in New Jersey” was published in the WCRE’s InfoFriday|May 6, 2022 newsletter.  Natalia focuses her practice on environmental and land use matters.  She has experience in handling a wide range of environmental issues.

Please contact Natalia directly at 856.355.2935 or by email at teekah@hylandlevin.com if you have any questions.

 

November 24, 2021

Partner, David R. Dahan Appointed President Elect for Keystone Chapter of CAI

pic_david_dahan_newWe are pleased to share some very exciting news about our partner, David R. Dahan.  David has been a Member of the Board of Directors for the Keystone Chapter of the Community Associations Institute (“CAI”) for about 5 years.  CAI is an international trade organization for community associations.  CAI promotes certain legislation which favors associations, opposes legislation which is contrary to the interests of associations and provides various education and networking events for the industry.  David was recently notified that he has been appointed as President Elect for 2022 and will serve as President of the Chapter for 2023.  This is in addition to his continued role as a Member of the Chapter’s Finance Committee and Executive Committee.  David will also serve as a Member of the Board Development Committee and the 2022 liaison for the Member Engagement and Golf committees.

Hyland Levin Shapiro Attorneys Participate in CAI’s New Jersey Mini Trade Show and Education Forum

On November 10, 2021, David Dahan and Will Hanna attended the Community Associations Institute’s New Jersey Mini Trade Show and Education Forum.  The firm had a display booth and was also a sponsor for this annual event.  The event was well attended and included a fascinating education forum on car charging stations for community associations.

July 14, 2021

Peter A. Chacanias’ Article on Riparian Claims published by Wolf Commercial Real Estate’s InfoFriday

The article titled “Beware of the Riparian Claim on NJ Waterfront Properties” was published in WCRE’s InfoFriday|July 2nd 2021.  Peter is a vital part of our Real Estate group with focus on zoning and land use and environmental matters, especially waterfront development issues.  Contact Peter directly at 856.355.2992 or by email at chacanias@hylandlevin.com.

June 21, 2021

Partner, David R. Dahan Attended and Presented at the 2021 Conference and Expo for the CAI’s Keystone Chapter

On June 17, Partner, David R. Dahan, attended the 2021 Conference and Expo for the Community Associations Institute’s Keystone Chapter.  David was also the presenter at an education seminar at the event on the topic:  Recently Adopted Rules of FHA Certification May Help Your Condo Association.  This was the first Conference and Expo since COIVD-19 restrictions were relaxed and it was a well-attended event!

May 10, 2021

Transactional Lawyer, A. Steven Fabietti, Esquire Joins Hyland Levin Shapiro

Hyland Levin Shapiro LLP is excited to announce that A. Steven Fabietti has joined the firm as a partner, continuing his concentration in corporate counseling and business transactions, transactional real estate and finance, and estate planning and administration. Steve represents clients located throughout South Jersey, and brings a broad range of experience to multiple practice areas that are essential to his closely-held business clients and their individual owners.  Steve represents clients in business sales and acquisitions, commercial real estate transactions, and the design and implementation of business succession plans.  He counsels many individual clients in connection with their personal estate planning needs, as well as fiduciaries charged with the administration of trusts and estates.

As a result of personal and professional endeavors, Steve has a great deal of experience in the organization and operation of non-profit entities engaged in a variety of charitable missions.  He presently serves on the Egg Harbor Township Advisory Board of the Community Food Bank of New Jersey, and has been a Trustee of the Tom Fabietti Scholarship Foundation since its inception in 1994.

“Steve was an associate in my former firm, Levin & Hluchan in the late 90’s, and worked closely with Mark Shapiro and me. I am thrilled that he is joining our firm as a partner. Steve has all the qualities we value in a partner, not only a great lawyer, but a terrific person and a consummate team player,” said Ben Levin, Managing Partner.

“We are delighted to be practicing with Steve again 20 years later. He is a welcome addition to our transactional practice, which is as busy as ever. The depth and breadth of his experience, especially in South Jersey, will benefit many firm clients,” added Mark Shapiro.

Steve previously served two terms on the New Jersey Supreme Court’s District I Ethics Committee, and presently serves on the New Jersey Supreme Court’s District I Fee Arbitration Committee.  He is a graduate of the University of Pennsylvania Law School (J.D. 1996), and Villanova University (B.A., magna cum laude, 1993).  After law school, Steve completed a judicial clerkship for the Honorable Sydney Hoffman in the Superior Court of Pennsylvania.  He is admitted to practice in New Jersey and Pennsylvania.

He resides in Linwood, New Jersey with his wife and twin boys.  In his spare time, he enjoys playing guitar and beach days in Longport.

Steve may be reached at fabietti@hylandlevin.com or 856.355.2938.

April 5, 2021

Florida Real Estate Deal Lawyer, Krista D. DeCastro Esquire Joins Hyland Levin Shapiro

Krista DeCastro has joined Hyland Levin Shapiro LLP, where she will continue to represent real estate developers and investors in the acquisition, disposition, financing and leasing of commercial real estate.

Krista will practice in Key Biscayne, Florida, just outside of Miami, as Counsel with the firm. Krista has spent the last sixteen years practicing at some of the top South Florida firms for commercial real estate.

“We are thrilled to be moving into Florida with Krista’s deep experience and excellent training.  Our clients have been doing deals in Florida for about 10 years now and with each year, the need for more Florida support has grown.  That trend appears to be continuing. It was simply time to add a Florida-based attorney to help with the Florida transactions.  After an extensive search, Krista was far and away the most qualified candidate. Her breadth and depth of experience match-up well with our existing and anticipated needs in retail, multi-family and office.  As our clients continue to migrate down to Florida, both physically and through investments, we’ll be ready to assist.” said Mark Shapiro, partner who heads the firm’s real estate group and is also a licensed Florida attorney.

We continue to grow our firm based on the needs of our clients.  Florida is a natural fit for us as so many of our clients have migrated to Florida to focus their real estate and business interests in the state”, added Managing Partner, Ben Levin.

Krista is a member of the Key Biscayne Bar Association.  She is a 2005 graduate of Northwestern University School of Law in Chicago, Illinois, and a 2001 graduate of Emory University, Atlanta, Georgia where she obtained a BBA with Distinction in Consulting and Business Management.  She has been a member of the Florida Bar since 2005.

Krista may be reached at decastro@hylandlevin.com or 786.562.7233.