
Donald M. Pepe
Partner
732-568-8370 dpepe@sh-law.comFirm Insights
Author: Donald M. Pepe
Date: March 18, 2022

Partner
732-568-8370 dpepe@sh-law.com
Municipalities throughout New Jersey are increasingly looking to redevelop the areas surrounding transit stations into walkable “villages” that include housing and amenities like shops and restaurants. Many transit agencies, including NJ Transit, have also begun to sell off vacant and underutilized property surrounding their stations for redevelopment, creating new and potentially lucrative opportunities for developers.
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, retail shopping/restaurants, and walkable access to mass transit.
New Jersey has made TOD a priority in recent years. In fact, facilitating the development of TODs is one of the five goals in NJ TRANSIT’s 10-Year Strategic Plan. By partnering with the New Jersey Economic Development Authority (NJEDA), NJ Transit is actively seeking opportunities to redevelop land surrounding New Jersey’s 266 train stations across 12 transit lies. Under the plan, parking lots and other property located in close proximity to rail stations will be converted into mixed-used developments containing housing and retail businesses.
NJ Transit is also partnering with municipalities to further its redevelopment goal. The agency, in partnership with Old Bridge Township, recently announced a $470,000 grant from the Federal Transit Administration (FTA) to study the feasibility of locating Transit-Oriented Developments across Middlesex and Monmouth counties. According to NJ Transit, the TOD study will explore potential developments along the 21-mile Route 9 Bus Rapid Transit (BRT) corridor from the Old Bridge Park and Ride to the Aldrich Park and Ride in Howell Township. Planning will include parking lots, underutilized and surplus properties around several bus stops and stations included in the study area and provide a “cohesive vision for redeveloping aging strip malls into vibrant, equitable transit-friendly communities,” according to NJ Transit.
To help facilitate redevelopment, NJ Transit maintains a website listing potential TOD opportunities, along with related procurement documents. Parties interested in acquiring land owned by NJ Transit can also submit inquiries to NJ Transit’s Real Estate and Economic Development Department to initiate an excessing review, the process used by NJ Transit to determine whether a property can and under what conditions, be deemed excess to NJ Transit’s operations and made available for another use. Following a review of the request, a written determination is sent to the requestor indicating whether and under what terms and considerations a real property interest can be conveyed. If a property is deemed available, NJ Transit will determine the most appropriate transfer mechanism (i.e., Request for Proposal/Qualifications/Bids (RFP/Q/B) or through a direct lease or license).
Most TOD projects rely on partnerships between transit agencies, local governments, and private developers. Due to the complexities and the sheer number of moving parts, TOD projects can face significant obstacles which bring with them unwanted risk, delay and expense. However, managed properly, this relatively new statewide initiative presents a unique opportunity for any developer that can successfully navigate the obstacles.
For businesses that are interested in transit-oriented development, the key to success is the ability to mitigate the inherent risks, control costs and eliminate delays. To do this, you will need to leverage the cumulative experience of an experienced development team beginning with a knowledgeable New Jersey land use attorney with a track record of successfully navigating the process.
If you have any questions or if you would like to discuss the matter further, please contact Don Pepe, Ashley Brinn, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
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!