
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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
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!