Can a municipal planning board require, as a condition of approval, that a developer provide individual deed notices as to the presence of naturally-occurring environmental conditions (such as arsenic levels) that exceed New Jersey Department of Environmental Protection’s unrestricted soil use standard?

Yes, a state appellate court has ruled.

In the blog, New Jersey Zoning Watch, Saul Ewing attorney Philip Morin provides the background to the decision–and discusses its implications. You can read it here.