
John M. Scagnelli
Partner
201-896-4100 jscagnelli@sh-law.comFirm News
Author: John M. Scagnelli
Date: April 8, 2020

Partner
201-896-4100 jscagnelli@sh-law.comWhile New Jersey zoning and planning boards are currently unable to meet in person, land use applications should proceed during the coronavirus (COVID-19) pandemic. Thanks to technology, Planning Boards and Zoning Boards of Adjustment have a range of options to facilitate virtual and telephonic public meetings. The challenge is to ensure that public meetings still comply with all applicable statutory and procedural requirements.

The New Jersey Department of Community Affairs, Division of Local Government Services (DLGS) recently issued an operational guidance addressing the impact of COVID-19 on land use public meetings. According to DLGS, the guidance is intended to “ensure continuity of Land Use application procedures while New Jersey’s Executive Order 103 and Executive Order 107 are in effect, to ensure due process is afforded during Planning Board and Zoning Board of Adjustment hearings and to remind local units to adhere to appropriate social distancing and health measures as they implement this process.”
The DLGS guidance reminds local authorities that procedural requirements and deadlines for acting on land use applications remain in effect. Accordingly, if a Planning Board or Zoning Board of Adjustment fails to approve or deny an application within the prescribed or agreed upon time, it will be deemed to have granted approval to the application. For reference, the DLGS guidance includes the timeframes for “Applications Submissions,” “Time for Board to act once the application is deemed complete,” and “Approvals.”
Under New Jersey’s Municipal Land Use Law, N.J.S.A. 40:55D-9, every municipal agency must have regular, at least monthly, public meetings. All business must be conducted with a quorum; action must be taken in accordance with a majority vote, except as otherwise specified within the governing statutes; and minutes must be prepared and made available to the public. To help zoning and planning boards ensure public hearings are conducted timely and without procedural defect, DLGS offers the following recommendations:
Scarinci Hollenbeck’s Land Use Practice stands ready to help local governments and land use applicants successfully navigate the new procedures that will be required in these challenging times. We will also continue to provide updates should the New Jersey Legislature extend certain land use timeframes and/or DLGS provide additional guidance.
If you have any questions or if you would like to discuss the matter further, please contact me, John M. Scagnelli, 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.

Two Partners, a Counsel, and a Senior Associate Deepen the Firm’s Litigation Bench in Little Falls, Red Bank, and New York City Following last month’s announcement that eight attorneys joined the firm, Scarinci Hollenbeck, LLC continues its expansion, this time strengthening its Litigation Group. The firm welcomes Paul S. Grossman and Jay R. McDaniel as […]
Author: Scarinci Hollenbeck, LLC

Unanimous Controversies Committee ruling addresses the scope of an athletic association’s disciplinary authority and the procedural standards governing its exercise. Scarinci Hollenbeck, LLC announced today that Partner Robert E. Levy served as counsel to the New Jersey State Interscholastic Athletic Association (NJSIAA) in the proceedings that resulted in the revocation of the 2025 regional and […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck Congratulates Partners Mark Tabakin, Donald Scarinci, and Don Pepe for Inclusion in NJBIZ’s 2026 Power 50 in Law List Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, and Mark A. Tabakin, Partner in the firm’s Public […]
Author: Scarinci Hollenbeck, LLC

Scarinci Hollenbeck, LLC has been named to the NJBIZ 2026 Best Places to Work in New Jersey, earning recognition in the Medium Companies category (50 to 249 employees). Now in its latest edition, the annual program honors New Jersey organizations that go beyond the paycheck to invest in their employees’ growth and quality of life. […]
Author: Scarinci Hollenbeck, LLC

Two Scarinci Hollenbeck Attorneys Selected as Committee Directors for the 2026-2028 Term Scarinci Hollenbeck is pleased to announce that two of its attorneys, Angela A. Turiano and Seraphema Menna, have been elected to the New Jersey Women Lawyers Association (NJWLA) Board of Directors for the 2026-2028 term. Angela was selected as a Director on the […]
Author: Scarinci Hollenbeck, LLC

Tabakin and Team Advance the Footprint of Scarinci Hollenbeck’s Labor & Employment, Litigation, Real Estate, Land Use, and Public Law Practice Throughout New Jersey Scarinci Hollenbeck announced the addition of Mark Tabakin and his team of six attorneys, significantly strengthening the firm’s Labor & Employment, Litigation, Land Use, and Environmental practices for private and public […]
Author: Scarinci Hollenbeck, LLC
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!