
Donald M. Pepe
Partner
732-568-8370 dpepe@sh-law.com
Partner
732-568-8370 dpepe@sh-law.com
Many Americans live in the suburbs and commute daily to nearby cities. However, with transportation costs and traffic congestion both on the rise, there is a growing demand for housing near transit. In fact, the Center for Transit-Oriented Development estimates that overall demand for housing near transit hubs will grow from 6 million to 15 million households by 2030, which accounts for approximately one-quarter of all renters and buyers.
Because supply has failed to keep pace with demand, cities and towns are increasingly looking to redevelop the areas surrounding transit stations into walkable “villages” that include both housing and amenities, such as shops and restaurants. The commonly-used term for this type of development is transit-oriented development or TOD.
Transit-oriented development is traditionally defined as high-density, mixed-use development within walking distance (typically 0.5 miles) of a transit station. Common features include a mix of market-rate and affordable housing together with retail service, shopping and restaurants, all within walkable distance from local transit.
As highlighted by the Center for Transit-Oriented Development, TOD can have a wide range of benefits, including increased transit ridership, reduced transportation costs for residents, less traffic congestion, more walkable neighborhoods, and economic revitalization. Communities including a combination of both affordable and market-rate housing can benefit from reduced income segregation and greater economic opportunities for lower-income residents.
Most TOD projects rely on partnerships between transit agencies, local governments, and private developers. Because of the sheer number of moving parts, TOD projects can face significant obstacles, which can make them time-consuming and expensive. Some of the hurdles that must be overcome include complex land acquisition and financing deals, lengthy permitting processes, affordable housing obligations, potential environmental remediation, and community opposition.
To encourage TOD projects, many states are establishing regulatory, planning and funding frameworks. Examples include land assembly, zoning changes and tax incentives. Many transit agencies have also begun to sell off vacant and underutilized property surrounding their stations so that it can be redeveloped.
Transit-oriented development is gaining momentum in New Jersey. As discussed more fully in a separate article, Gov. Phil Murphy recently announced that the state’s Economic Development Authority will partner with NJ Transit to redevelop land surrounding New Jersey’s train stations. Under the plan, parking lots and other property located in close proximity to rail stations would be converted into mixed-used developments containing housing and retail businesses.
Efforts are already moving forward. On October 3, 2019, NJ Transit issued a Request for Expressions of Interest (REOI) to identify a private developer or joint venture of developers to implement TOD projects on NJ Transit owned property adjacent to the River LINE Light Rail system.
The land spans the 37-mile River LINE right-of-way and includes 21 station areas across 15 municipalities. According to NJ Transit, its goal is to convert the land into vibrant TOD projects that support local and regional land use planning and economic development goals, along with its own transportation mission.
“This is a great opportunity for developers to get in on the ground floor and help create thriving local communities,” said NJ TRANSIT President & CEO Kevin Corbett. “So many cities and townships in New Jersey have grown and benefited from their proximity to NJ TRANSIT service, and we want to accelerate that growth in partnership with our host communities by promoting and encouraging mixed-use TOD on our River LINE Light Rail system.”
NJ Transit is seeking to obtain information and feedback to assess the viability of making all or a portion of its River LINE station area parcels available for redevelopment, and will review submitted EOI Responses to assess private and/or public interest in the
River LINE properties, including market suitability, recommended land uses, potential opportunities and constraints, conceptual development scenarios and other factors that would inform overall project delivery. According to NJ Transit, if and when the agency elects to proceed with a project, it may issue a formal Request for Qualifications or Proposals for one or more station areas.
For businesses that are interested in transit-oriented development, the ability to anticipate potential obstacles and come up with creative solutions can reduce costs and delays. Accordingly, we encourage you to work with a knowledgeable New Jersey land use attorney who can help you successfully navigate the process.
If you have any questions or if you would like to discuss the matter further, please contact me, Don Pepe, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
This article is a part of a series covering New Jersey’s new initiative to redevelop areas near public transit centers. Additional installments from the series are listed below:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!