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Executive Summary

This document provides guidance from the Division of Local Government Services (DLGS) for Planning Boards and Zoning Boards of Adjustment in New Jersey regarding the operational procedures for land use public meetings during the COVID-19 state of emergency. It addresses the need for continuity in application procedures while adhering to social distancing and health measures. The guidance outlines recommendations for filing plans, providing public notice, conducting hearings electronically, facilitating public participation, and maintaining records of proceedings. The document also reinforces the statutory deadlines for application reviews and approvals and offers ways to ensure timely and procedurally sound hearings.

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--- Document: Planning Board Document ---
 
 
 
 
 
 
 
 
 
 
 
Division of Local Government Services (DLGS) 
 
 
 
 
 
 
 
 
 
 
DIVISION OF LOCAL GOVERNMENT SERVICES (DLGS) 
 
Planning Board and Zoning Board of Adjustments  
Operational Guidance - COVID-19: N.J.S.A. 40:55D-1 
Recommendations for Land Use Public Meetings in New Jersey 
 
 The Division of Local Government Services issues this guidance document 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. There are many options available to 
Planning Boards and Zoning Boards of Adjustment to facilitate virtual and telephonic public 
meetings. Planning Boards and Zoning Boards of Adjustment are also reminded of their continuing 
obligation to comply with N.J.S.A. 10:4-6 (the “Open Public Meetings Act,” or “Act”); please 
consult the Division’s Guidance for Remote Public Meetings for further discussion on specific means 
of conducting electronic meetings in compliance with the Open Public Meetings Act. 
 
N.J.S.A. 40:55D-9 governs the meetings of municipal agencies. It requires, in short, that 
every municipal agency must have regular, at least monthly, public meetings, and they may have 
special meetings, as appropriate. 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.  
 
Every Planning Board and Zoning Board of Adjustment is required to grant or deny approval 
of applications pending before it within prescribed times, or within a further time as may be 
consented to by the Applicant. If the Planning Board or Zoning Board of Adjustment does not 
For more information email: 
DLGS@dca.nj.gov 
 


approve or deny an application within the prescribed or agreed upon time, it shall be deemed to have 
granted approval to the application. The statutory timeframes are as follows: 
 
Application Submissions: 
 
1. Certification by Administrative Officer of list of property owners following applicant’s 
request – 7 days 
2. Time during which plans are to be on file prior to a hearing – 10 days 
3. Publication & mailing of notice of public hearing – 10 days 
4. Copy of Board decision to be mailed to applicant or attorney after decision – 10 days 
5. Time to appeal decision to governing body – 10 days 
6. Certification of complete application – 45 days  
7. Time for governing body to conclude review of record on appeal – 95 days 
 
Time for Board to act once the application is deemed complete: 
 
1. Minor subdivision application – 45 days 
2. Preliminary subdivision application of 10 or fewer lots – 45 days 
3. Preliminary subdivision application of more than 10 lots – 95 days 
4. Preliminary site plan approval where plan involves 10 acres of land or less, or 10 dwelling 
units or less – 45 days 
5. Minor site plan – 45 days 
6. Preliminary site plan approval where plan involves more than 10 acres or more than 10 
dwelling units – 95 days 
7. Time of protection of an approved minor site plan – 2 years 
8. Time of protection against zoning changes for a minor subdivision – 2 years 
9. Planning Board approval for application seeking variances or relief – 120 days 
10. Time period during which a Planning Board shall grant or deny an application for conditional 
use – 95 days 
11. Maximum number of days for Zoning Board of Adjustment to decide on an application that 
has been certified complete where a variance is coupled with another form of development – 
120 days 
12. Time of approval of a General Development Plan – 95 days 
13. Maximum term for the approval of a General Development Plan – 20 years 
 
Approvals: 
 
1. Time during which statutory rights exist under a preliminary major subdivision or site plan 
approval – 3 years 
2. Maximum number of 1-year extensions to a preliminary approval that may be granted by a 
reviewing board - 2 
3. Time during which statutory rights exist under a final major subdivision or site plan approval 
– 2 years 


4. Maximum number of 1-year extensions to a final approval that may be granted by a reviewing 
board – 3  
5. Variance once granted runs with the land 
Currently, these timeframes remain in effect. Should future executive or legislative action 
authorize modification of these timelines, further appropriate guidance will be promulgated.  
 
Given that procedural requirements and deadlines remain in effect, it is imperative that local 
units continue to assure public hearings are conducted timely and without procedural defect. To this 
end, the Division offers the following recommendations: 
 
Recommendations regarding filing plans and application materials: 
 
All plans and application materials must be on file with the Board Secretary for review by 
the public at least ten (10) days prior to the hearing.  In the present circumstances, the local unit 
should consider receiving plans electronically, and posting them for public review on and through 
the municipal website, drop-box, or some other online service that is accessible to the public, free of 
charge so that the ten day public access period is maintained. The local unit should also publicly 
post, and post online, a phone number and email for the Board Secretary. Members of the public 
should be advised that they may contact the Board Secretary to receive a hard copy of the plans and 
application materials by mail or via an exchange site such as a drop/pick up box by appointment at a 
secure, public location such as the police station or at the municipal building, subject to any standard 
fees or charges.  
  
Recommendations regarding providing adequate public notice: 
 
Under the MLUL, a public notice must state the time, place and location of a public hearing, 
and where submitted plans can be found for public inspection. At this time, the notice must provide 
conference call access or web-meeting access information. Dial-in information should be provided 
to individuals without computer access or mobile device. The notice should also identify the websites 
on which plans are posted, contact information for the Board Secretary, and all available means of 
achieving public access to all documents and the meeting itself. The notice should state that 
individuals lacking the resources or know-how for technological access should contact the Board 
Secretary for assistance in accessing the plans and the meeting.  
 
 
Recommendations regarding conducting hearings and facilitating public participation:  
 
Given the restrictions currently limiting in-person public meetings, hearings will likely need 
to be conducted by alternative electronic means. Given the visual nature of the materials used in 
planning and zoning meetings, Zoom, Facebook, YouTube or some other video-conferencing 
technology will provide the most appropriate forum for hearings.  All parties should consider 
coordinating in advance to assure applicants’ exhibits can be provided no less than two days in 
advance of the meeting and posted for Board and public access prior to and during the video meeting. 
The Board, its professionals and secretary will need to coordinate with the applicant and their 
professionals, as it is likely that the applicant's attorney, engineer, planner, etc. may not all be 
presenting from the same location. This deviation from the standard practice of concurrent 
introduction and discussion is recommended to ensure adequate information sharing and clear 


labeling for Board and public participation in the session.  
 
Planning Boards and Zoning Boards of Adjustment conducting electronic meetings must 
facilitate public comment on applications, as well as the public’s ability to cross-examine witnesses. 
At the beginning of an electronic meeting, the Board Chair should announce a standard limit on 
public comment (e.g. time limit, length or number of text comments) for each individual.  Cross-
examination of witnesses by the public may require relaxing the standard limit, but in all cases the 
Chair should limit redundant comments and questions to ensure orderly remote public participation. 
Members of the public should be encouraged to advise the Chair in advance, if possible, via email 
or phone call to the Board Secretary, of their intention to undertake cross-examination, to ensure 
technological needs are accommodated and documents that will be referenced are available for 
review by all participants.   
 
 
Please consult the Division’s Guidance for Remote Public Meetings for further details on 
video-conferencing and facilitating public participation through video-conferencing platforms.   
 
Recommendations regarding the record of proceedings:  
 
Local units have a continuing obligation to record and make public the minutes of public 
meetings. They must also continue to transcribe quasi-judicial proceedings. To maintain compliance 
with these obligations, a court reporter should participate in any virtual hearing, transcribing the 
video session. Additionally, a record of the entire proceeding can be retained using the adopted 
virtual meeting technology. New Jersey’s Courts have employed remote hearings for essential 
functions, which may be of interest to local units seeking to conduct statutorily compliant hearings 
under 
the 
present 
constraints: 
https://www.njcourts.gov/; 
https://www.njcourts.gov/notices/2020/n200315a.pdf.  
 
 
Conclusion: 
 
Planning Boards and Zoning Boards of Adjustment have options available to ensure the 
continuation of public business during this challenging time. The Division encourages local officials 
to review this guidance with their Board secretaries and professionals. Should you have any further 
questions or seek additional information, please contact the Division by email at DLGS@dca.nj.gov 
or by phone at 609-292-6613.