Land Use Considerations During COVID-19
Co-Authored by: Steven P. Gouin Adam Garcia Kyle J. Campanile The ongoing state of emergency related to the COVID-19 pandemic has severely impacted the ability of municipal governing bodies, planning boards, and zoning boards of adjustment to hold public hearings. Specifically, EO-103 (declaring a state of emergency) and EO-107 (heavily restricting public gatherings) have disrupted […]
Appellate Division Confirms Illegality of Maintenance “Contributions” that Exceed the 15% Cap Permitted by N.J.S.A. 40:55D-53(a)(2)
In its August 7, 2014 opinion in Majestic Contracting, LLC v. Nunziato, Docket No. A-1539-12T3 (App. Div. Aug. 7, 2014) (“Majestic II”), the New Jersey Appellate Division confirmed that municipal ordinances that require developers to pay maintenance “contributions” for certain improvements are unlawful under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq. […]
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