Representing Zoning and Planning Boards in New Jersey
Date: Sep 19, 2022 9:00 a.m. – 12:00 p.m.
Areas of Law: Land Use
Earn up to 4.5 credits, including 1.0 in Ethics! (More Information)
There are several hundred zoning and planning boards in New Jersey, all entrusted to plan and enforce local ordinances. Since most board members are volunteers who may not have a background in municipal law, the board attorney plays a crucial role in educating and counseling members about their obligations, proper procedures, and the law.
Purchase this informative program that examines the unique and essential role played by board attorneys on Zoning and Planning Boards. You will learn practical tips about guiding board members through hearings and how to address the sticky situations that often part of the application process. Our panel will also review recent developments, as well as the key strategies you need to know to be successful in this area of practice.
Learn everything you need to know to effectively represent and counsel zoning and planning boards in New Jersey, including:
- The appointed and organization of land use boards
- An overview of the responsibilities and differences between a planning board, zoning board and a joint board
- How to determine and advise board members on conflicts of interest
- The attorney’s role in the application process and at meetings
- Evaluating whether public notice is sufficient
- Interpretations of the ordinance and/or the issuance of a certificates of nonconforming use
- Appeals of decisions of the zoning officer
- C variance proofs and D variance proofs
- The inherently beneficial use doctrine and the Sica balancing test
- The hearing process
- The importance of resolutions of approval or denial
- The importance of creating a solid record and the arbitrary reasonable and capricious standard
- Appeals of the Board’s decision to the governing body and or the Superior Court
- Compliance with the Open Public Meetings Act
- Open Public Records Act and discovery of board emails
- The public filming of meetings and demeanor
- Deed restrictions, the recording of decisions and developing appropriate conditions of approval
- Fraud or mistake when decisions may need to be set aside
- Recent case law and other hot land use topics from a purely board perspective
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