Year: 2015

NJ Permit Extension Act Headed for the Sunset

NJ Permit Extension Act Headed for the Sunset

In 2008, New Jersey first passed the Permit Extension Act, which suspends the running of the period of any covered permit or approval in existence during the “extension period.” Given that the New Jersey legislature has taken no further action, the statute will likely sunset at the end of the

Bill Would Allow NJ Municipalities to Impose Police and Fire Residency Requirements

Bill Would Allow NJ Municipalities to Impose Police and Fire Residency Requirements

A proposed bill would allow New Jersey municipalities to adopt ordinances requiring police officers and firefighters to satisfy a minimum residency requirement. The legislation is currently awaiting Gov. Chris Christie’s signature. In 2012, the State of New Jersey passed a residency requirement for all public employees. The proposed measure would give

Municipalities Must Consider the “View” in Granting Height Variance

Municipalities Must Consider the “View” in Granting Height Variance

A recent Appellate Division decision highlights the factors that New Jersey zoning boards must consider when determining whether to grant a height variance under the Municipal Land Use Law (MLUL). In Jacoby v. Zoning Bd. of Adjustment of Borough of Englewood Cliffs, the appeals court found the zoning board erred

NJ Supreme Court to Address OPRA’s Applicability to Security Camera Footage

New Municipal Records Retention Schedule Includes Video Surveillance

On September 17, 2015, a new Municipal Agency General Records Retention Schedule took effect that addresses the retention of video surveillance recordings. Local governments should be sure to revise their policies and procedures accordingly. The New Jersey Bureau of Records Management establishes records retention schedules for all public records. The

Cybersecurity Attacks Target New Jersey Municipalities

Local governments are not immune to cyberattacks. In fact, several New Jersey municipalities were recently targeted during a sophisticated email spoofing scam.  How Email Spoofing Scams Works In an email spoofing scam, the scammers send emails to the target organization that impersonate a legitimate contact, such as a vendor or

Chevron Takes Center Stage in Third Circuit’s FMLA Decision

Upcoming U.S. Supreme Court Cases Could Impact NJ Municipalities

The U.S. Supreme Court’s new term began earlier this month. The Justices have already agreed to consider several cases that could impact New Jersey municipalities. This post offers a brief preview.  Public Unions: In Friedrichs v. California Teachers Association, the Supreme Court will reconsider its long-standing precedent in Abood v.

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

A Municipality’s Credibility Matters in Chapter 91 Actions

A recent decision by the New Jersey Tax Court highlights that a municipality’s credibility matters, particularly in cases involving compliance with N.J.S.A. 54:4-34, commonly known as Chapter 91. In R&M Mfg. v. Twp. of Monroe, the Court approved the Township’s motion to dismiss a tax appeal because it found the

New Jersey Passes Bill to Tax Short-Term Rentals

Jersey City Proposes Ordinance Authorizing Airbnb Rentals

Jersey City has become the first New Jersey municipality to formally sanction the home-sharing platform, Airbnb, which is banned from many metropolitan areas, including New York City. Under an agreement reached with the short-term rental company, Airbnb will charge and collect the standard hotel tax on their rentals in the