
John M. Scagnelli
Partner
201-896-4100 jscagnelli@sh-law.comFirm Insights
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.
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