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NDGLegal

NDG's Spring 2022 Newsletter

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In This Issue: Nehmad Davis & Goldstein Expands with Two New AttorneysNew Jersey's "Prompt Payment Act" is a Powerful Tool for ContractorsCOVID-19 Vaccines: To Mandate or Not to Mandate?Electric Vehicle Charging Stations Now Required for Majority of New DevelopmentUpdate Regarding Non-Residential Real Property Tax Assessment Appeals File Name: ...
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NEW JERSEY’S “PROMPT PAYMENT ACT” IS A POWERFUL TOOL FOR CONTRACTORS

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Under New Jersey's Prompt Payment Act, N.J.S.A. 2A:30A-2, where a contractor has performed in accordance with the provisions of a contract, the owner must make payment to the contractor within 30 days after the billing date for the work performed.  Subcontractors are protected even further and must be paid by the general contractor within 10 d...
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NJ Legislature Approves Entirely “Virtual” Zoning/Planning Board Meetings

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The State Legislature recently amended New Jersey's Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1 et seq. to expressly provide that virtual zoning and planning board meetings (e.g., via Zoom, GoToMeeting, etc.) cannot be challenged merely because the public meetings are entirely "virtual" with no "in-person" participation. NJ Public Law 2021, ...
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NDG's Spring/Summer Newsletter is Here!

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In This Issue: Nehmad Davis & Goldstein welcomes Honorable Mark H. Sandson (J.S.C., Retired) and Chris D'Esposito to the firm;Update Regarding the Uniform Construction Code"What's all the Racket?"  the New Jersey Noise Control Act and the Impact on Commercial and Industrial Property OwnersRealty Transfer Fee File Name: NDG-Spring-2021-News...
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NDG OBTAINS $378,000 JUDGMENT FOR CONDO ASSOCIATION

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NDG trial attorney Ray Went obtained a $378,000 Judgment for a condo association where the former association president misappropriated funds and failed to pay condo fees/assessments. Cedar Grove Condominium Association v. Bennett, Docket No. ATL-L-1745-20. The Courts and other governmental agencies are now open. Please contact Ray at (609) 927-117...
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NDG Partner Keith Davis Named to Top Attorney Influencers

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NDG Partner Keith Davis was named to the top attorney influencers list by ROI-NJ. Congratulations Keith! https://www.roi-nj.com/2021/02/22/roi-influencers/power-list/2021/roi-influencers-power-list-2021-lawyers
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Update Regarding the Uniform Construction Code

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The Department of Community Affairs has temporarily relaxed certain provisions of the Uniform Construction Code to ensure the continuity of construction without a detriment to the public welfare during the COVID-19 pandemic. Under the relaxed rules, the timeframe for inspections of minor work (such as routine alterations in an existing one or two-f...
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Gov. Murphy Issues Executive Order 173 –Limiting Capacity for Indoor Gatherings

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On August 3, 2020, Governor Phil Murphy issued Executive Order No. 173 which decreased indoor gathering capacity in response to the increase of COVID-19 cases in New Jersey. Specifically, E.O. 173 limits indoor gatherings to 25 percent of a room's capacity, but regardless of the room's capacity, the maximum limit shall be 25 persons, down from 100 ...
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Legal Alert: Property Tax Appeal Update

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UPDATE REGARDING PROPERTY TAX APPEAL FILING AND HEARING DEADLINES: On May 28, 2020, Governor Murphy signed Bill A-4157 into law regarding 2020 property tax appeals.The Bill, codified as P.L. 2020, c35, established July 1, 2020 as the deadline to file property tax appeals for the 2020 tax year.The Bill also reset the deadline for all hearings before...
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Authorization of Outdoor Dining Effective June 15, 2020

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EXECUTIVE ORDER 150 PAVES THE WAY FOR OUTDOOR DINING SUBJECT TO SOCIAL DISTANCING RESTRICTIONS: On June 3, 2020, Governor Murphy signed Executive Order 150 which authorizes the commencement of outdoor dining and beverage service by most restaurants, bars, wineries, breweries and similar establishments starting June 15, 2020.EO-150 was released at t...
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NJ Supreme Court Issues Third Omnibus Order

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UPDATE:NEW JERSEY SUPREME COURT ISSUES THIRD OMNIBUS ORDER REGARDING COURT OPERATIONS DURING THE COVID-19 PUBLIC HEALTH EMERGENCY: On March 27, 2020 and April 29, 2020, we wrote about the New Jersey Supreme Court's Omnibus Order and Second Omnibus Order relating to court functions and operations during the COVID-19 public health crisis/state of eme...
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Update: New Jersey Supreme Court Has Not Further Extended Deadlines

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On March 27, 2020 and April 29, 2020, we wrote about the New Jersey Supreme Court's Omnibus Order and Second Omnibus Order affecting court functions and operations during the COVID-19 state of emergency.Under those orders, most filing deadlines, discovery deadlines and statutes of limitations that would have expired on or after March 16, 2020 were ...
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Legal Alert: Gov. Murphy Issues Executive Order 142 - Permits Non-Essential Construction to Resume

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On May 13, 2020 Governor Phil Murphy issued Executive Order No. 142 as part of the state's effort to gradually and strategically reopen its economy. Pursuant to Executive Order No. 142, all "non-essential" construction projects are permitted to resume Monday, May 18 at 6:00 am. Governor Murphy's Executive Order No. 122, issued April 8, 2020, allowe...
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Legal Alert: Bankruptcy Options for Small Businesses in the COVID-19 Pandemic - The Small Business Reorganization Act

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On February 19, 2020, the Small Business Reorganization Act (the "SBRA") became effective. The SBRA created a new subchapter to the bankruptcy code, which is commonly referred to as Subchapter V. The purpose of Subchapter V filing is to reduce the cost and expense of small business bankruptcy reorganization compared to traditional Chapter 11 reorga...
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Legal Alert: Executive Order No. 128 Allows Residential Tenants to Apply Their Security Deposit to Rent

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On April 24, 2020, Governor Murphy signed Executive Order No. 128 ("EO No. 128") as a response to individuals struggling to pay rent due to financial hardship as a result of the pandemic.Pursuant to EO No. 128, a security deposit and any accumulated interest and earnings on the investment of the security deposit may be applied to pay portions of a ...
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COVID-19 AND LAND USE-WHERE DO TOWNS GO FROM HERE?

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The effects of the pandemic will be felt for a long time period even after the emergency orders and social distancing requirements are relaxed and ultimately, we hope, lifted.The New York Times has estimated that 70% of independently owned restaurants in the United States will not be able to survive.It has further been reported that major departmen...
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Supreme Court's Second Omnibus Order Further Tolls Certain Filing Deadlines

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On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order relating to court functions and operations during the COVID-19 state of emergency.Under that order, most filing deadlines, discovery deadlines and statutes of limitations that would have expired on or after March 16, 2020 were tolled until April 27, 2020.On April 24, 2020, the ...
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Second Quarter Real Estate Property Tax Payment

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On Tuesday, April 28, 2020, Governor Murphy signed Executive Order 130.  t permits any governing body of a municipality to adopt a resolution instituting a grace period for the payment of second-quarter property taxes to no later than June 1, 2020.This is not an automatic extension of the May 1st payment due date to June 1st. It only allows a ...
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NJ Division of Alcoholic Beverage Control Renewal Extension

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The New Jersey Division of Alcoholic Beverage Control has extended the time to renew liquor licenses until September 30, 2020. You can review a complete copy of the order here. https://www.nj.gov/oag/abc/downloads/Order-extending-2019-20-municipal-and-state-liquor-licenses-and-permits-to-Sept-30-2020.pdf File Name: NJ-Div-of-ABC-Order File Size: 1....
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Legal Alert: Court Clarifies Prior Order Extending Deadline to File Property Tax Appeals

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UPDATE REGARDING EXTENSION OF PROPERTY TAX APPEAL DEADLINES: On April 21, 2020, the New Jersey Supreme Court clarified its prior orders extending filing deadlines for 2020 property tax appeals to confirm the extension of filing deadlines applies to appeals where municipalities are subject to a revaluation or reassessment.The filing deadlines are no...
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Atlantic County Tax Board Plans to Hear Property Tax Appeals Expeditiously

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On April 24, 2020, the Atlantic County Board of Taxation released a statement concerning when it will hear property tax appeals that are filed before the COVID-19 state of emergency ends. Specifically, all tax appeals filed before the state of emergency ends will be scheduled for a Board hearing within 30 days of the end of the emergency. So, if th...
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Public Contracts During the Health Crisis

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During the COVID-19 crisis, the State of New Jersey has focused its recent public contracts on directing resources to deal with this emergency (see the link below to New Jersey Department of Public Affairs' Local Finance Notice 2020-06). Nonetheless, public contracts for roads, bridges and other infrastructure must still be performed.The law firm o...
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CARES Act Bankruptcy Law Webinar - Sign Up Now!

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Mercury and Nehmad Perillo Davis & Goldsgein Present:  CARES Act & Bankruptcy Law Webinar.  Click below for more information and to register:
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DCA Has Issued Guidance on Executive Order 122

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Department of Community Affairs has issued guidance on Executive Order 122 which restricts construction projects in New Jersey. We have been guiding our clients which fall within the exceptions, adhering to the social distancing requirements. On April 8, 2020, Governor Murphy signed Executive Order (EO) 122, which, in part, ceases the physical oper...
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Legal Alert: Remote Notarial Acts During COVID-19 Pandemic

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On April 14, 2020, Governor Murphy signed into law Bill A3903/S2336 which allows a notary public appointed in the State of New Jersey or an officer authorized to take oaths, affirmations, and affidavits, or to take acknowledgements ("Officer"), to notarize documents for a remotely located individual under the following circumstances: 1.The notary p...
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Legal Alert: Possible Revival of the Permit Extension Act to Address Impacts of COVID-19

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**LEGISLATIVE ALERT – NEW JERSEY LEGISLATURE INTRODUCES BILL THAT WOULD REVIVE THE PERMIT EXTENSION ACT** On April 9, 2020, the New Jersey Legislature Introduced Bill A3919/S2346 which would have the effect of reviving the New Jersey Permit Extension Act, previously codified in the Municipal Land Use Law, N.J.S.A. 40A:55D-136.1, et seq. (Section 2 ...
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DCA Gives Boards Guidance for Online Hearings

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The New Jersey Department of Community Affairs has issued guidelines for planning and zoning boards to conduct online hearings during the national and state emergencies - using platforms such as Zoom and GoToMeeting. Our firm is working with several land use boards throughout the state to schedule such virtual meetings while adhering to all legal r...
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Legal Alert: NJ Economic Development Authority (NJEDA) - Small Business Emergency Assistance Grant Program

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As part of the NJEDA's COVID-19 Economic Relief Package, NJEDA has developed the Small Business Emergency Assistance Grant Program, which will provide operating expense grants of up to $5,000.00 to qualified small businesses. The following is what you should know if you are considering applying for the grant program. Where to Apply: The application...
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NPDG Attorney Named to NJ Super Lawyers 2020 Rising Star List

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Legal Alert: Court Deadlines Extended

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On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order addressing ongoing COVID-19 measures relating to court functions for all divisions of the Court, including deadlines for discovery, Court filings and statutes of limitations.If you are currently in litigation, below is a list of the pertinent changes: No new civil or criminal t...
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Guidance from the Department of Community Affairs

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In the face of government closures, the Department of Community Affairs has issued guidance to construction officials across the state to continue to accept and process construction permit applications. You can review the guidance here: https://www.nj.gov/dca/divisions/codes/alerts/pdfs/COVID_memo.pdf If you require assistance in processing your pe...
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Legal Alert: Time to Appeal Land Use Decisions Extended by Supreme Court

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On March 27, 2020, the New Jersey Supreme Court issued an Omnibus Order addressing ongoing COVID-19 measures relating to court functions for all divisions of the court, as well as deadlines for discovery and court filings and statutes of limitations deadlines.  With respect to developers, the important takeaway is that the 45-day statute of li...
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Legal Alert - March 27, 2020: Information and Guidance on Economic Injury Disaster Loans as a Result of the COVID-19 Pandemic

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The U.S. Small Business Administration (the "SBA") is providing assistance to small businesses affected as a result of COVID-19.Pursuant to the SBA Disaster Declaration # 16349; NEW JERSEY Disaster Number NJ-00057 Declaration of Economic Injury, issued on March 18, 2020, the Economic Injury Disaster Loans ("EIDL") program was made available to smal...
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Information and Guidance on Public Meetings During COVID-19 Pandemic

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Given the impact and uncertainty of COVID-19, this firm has prepared the following information and guidance for public entities to utilize in connection with scheduled public meetings. The Division of Local Government Services has provided the following direction regarding public meetings: Pursuant to N.J.S.A. 40:4-6, et. seq. ("Open Public Meeting...
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HAVE YOUR BASIC LEGAL DOCUMENTS IN PLACE

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THIS IS THE TIME TO HAVE YOUR BASIC LEGAL DOCUMENTS IN PLACE In these unprecedented and trying times resulting from the Coronavirus outbreak, fear and worry have understandably consumed much of the population.Now is a good time to think about the need to have certain basic legal documents in place, such as a Last Will & Testament, Living Will a...
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Order Extending Discovery Deadlines and Tolling Filing Deadlines - 03-17-20

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Please read the latest emergency order from the Supreme Court of New Jersey. You can download the order in PDF Format, but first you will need to click on the Blog Title above. File Name: Order-Extending-Discovery-Deadlines-and-Tolling-Filing-Deadlines---03-17-20 File Size: 466 kb Download File
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Impossibility To Perform Under A Contract (“Force Majeure”)

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In these unprecedented and challenging times brought about by the Coronavirus and the governmental response thereto, there is a specific contract term that exists in many contracts which most people consider to be just "boiler plate". It is known as the "Force Majeure" clause, and it seldom comes into play.It generally identifies occurrences that i...
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Nehmad Perillo Davis & Goldstein, PC expands with five new attorneys

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Nehmad Perillo Davis & Goldstein, a prominent real estate and commercial litigation law firm, today announced its recent hiring of five new attorneys in its Egg Harbor Township and Avalon locations. The addition of these new attorneys - each of which demonstrate diversity in their background and practice areas - is a testament to the firm's com...
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The NPDG Fall 2019 Newsletter is Here

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File Name: NPDLaw_Fall2019_Newsletter File Size: 1.4 mb Download File NEHMAD PERILLO DAVIS & GOLDSTEIN Is pleased to announce our relocated Avalon office: 2123 Dune Drive, Suite 1Avalon, NJ 08202 T:609.927.1177 Same Building, Different Suite! BANKRUPTCY AND RETIREMENT ACCOUNTS If you are considering filing a bankruptcy, pay attention to whether...
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KDC Solar Energy Facility Activated in Bridgeton & Fairfield Township

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NPDG Attorney Keith Davis served as legal counsel to KDC Solar concerning the development of this 5.5 MWs solar facility in Bridgeton and Fairfield Township. From PR Newswire: BRIDGETON, N.J., June 19, 2019 /PRNewswire/ -- Ardagh Group and its partner KDC Solar today announced that the 5.5 net-metered solar project built and operated by KDC Solar i...
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North Wildwood now permits duplexes as a conditional use

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From the North Wildwood Planning Board Secretary: New North Wildwood Land Development Zoning Ordinance adopted on December 26, 2018 now permits duplexes on a minimum/existing 5,000 sq. ft. lots AS A CONDITIONAL USE (i.e. meaning site plan approval is required by the Planning Board). Site plan application must meet conditions as specified in Chap. 2...
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Legal Law Real Estate
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Stone Harbor to amend pool setback standards

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On July 3, 2018, the Borough of Stone Harbor introduced an ordinance to relax the building requirements for swimming pools within the rear yard setback area to the bulkhead line on bayfront lots. Currently there is no standard for pools and the general 10 foot setback applies. That is being reduced to 5 feet, limited in height to 8.7 feet NAVD 88 p...
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NEW POOL REGULATIONS FOR COMMUNITY ASSOCIATIONS

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The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1 et seq. ("the Code") was recently amended in ways that will impact community associations (e.g., condominium and homeowners' associations) having at least three dwelling units. These changes to the Code range from minor housekeeping matters to more significant operational a...
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New Sign Ordinance Enacted in Egg Harbor Township

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Egg Harbor Township has very recently enacted a new ordinance regulating signs in the Township. A full copy of the newly adopted sign ordinance can be read at the link above. For any questions about the new ordinance please call Michael Peacock, Esquire at (609) 927-1177.   File Name:Egg Harbor Township's new sign ordinance​ ​ File Size: 397 k...
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Supreme Court Rules That “Complete” Application Must be Filed for Time of Application Rule to Apply

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On June 20, 2018, the New Jersey Supreme Court handed down its decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Township of Franklin and affirmed the Appellate Division's holding that a "complete" application for development, as defined under the Municipal Land Use Law ("MLUL"), must be filed in order for a developer to take advantag...
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Nehmad awards community college scholarships

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Steve Nehmad recently returned home to his alma mater, Atlantic Cape Community College, to give back to the community. For the past several years, Steve and his wife Dianne - who met as students at ACCC - have awarded scholarships to existing students based upon financial need. Nehmad currently services on ACCC's Foundation Board. "One of the main ...
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The Spring/Summer 2018 NPD Newsletter is Here!

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File Name: NPDLaw_NewsletSUMMER2018 File Size: 1.5 mb Download File The New Jersey Non-Residential Development Fee Process In 2008, the New Jersey State Legislature enacted the "Statewide Non-Residential Development Fee Act", which is a part of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-8.1 – 8.7. The purpose of the Act was to impose a ...
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Construction Permit No Longer Required for Roofing & Siding Jobs on One & Two Family Dwellings

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The NJ Department of Community Affairs has reclassified roofing or siding jobs on one and two-family dwellings as minor work and ordinary maintenance, and now includes them on its list of home improvement jobs that no longer are subject to inspection. As such, it is no longer necessary to secure a construction permit to perform the work. The new ru...
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Tax law changes affecting tax credits to invest in affordable housing

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This article in the Inquirer explains how the new tax law will negatively impact investment in affordable housing projects throughout the country. Tax credits allowed those in high tax brackets to reduce their tax obligations if they invested in low income housing developments. But with corporate tax rates being reduced, the incentive for affordabl...
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NPD Partner Eric Goldstein Obtains Dismissal of Complaint before NJ Department of Education

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Following a full trial on the issues, an NJ Administrative Law Judge recently ruled in favor of NPD Partner Eric Goldstein, upholding the results of an extensive investigation by the Hamilton Township (Atlantic County) School District that resulted in the complete protection of a student who had been intimidated by another child. The judge found th...
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Filing a property tax appeal is more important than ever under new federal tax law

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FILING A PROPERTY TAX APPEAL IS MORE IMPORTANT THAN EVER UNDER THE NEW FEDERAL TAX LAWS. We now have new federal tax laws for 2018. Perhaps the most significant impact on New Jersey will be the $10,000.00 cap on the deduction for state income and property taxes. Until now, New Jersey residents were able to deduct 100% of their state income and prop...
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Taxes
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New Developer-Friendly Site Plan Bond Requirements Enacted

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On January 15, during his last day in office, Gov. Chris Christie signed into law Assembly Bill 1425/Senate Bill 3233, which implements major reforms to the requirements for the posting of performance and maintenance guarantees under the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq. The new law is effective immediately. Municipalities ar...
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