Governor Phil Murphy signed an Executive Order on Wednesday afternoon allowing non-essential construction and curbside pickup at non-essential retail stores to resume beginning at 6:00 a.m. on Monday, May 18. Additionally, car gatherings and drive-in events are permitted effective immediately. A full copy of Governor Murphy’s announcement can be found below: 

Governor Murphy Signs Executive Order Permitting Resumption of Non-Essential Construction, Curbside Pickup at Non-Essential Retail Businesses, and Gatherings in Cars

TRENTON – As part of New Jersey’s Road Back, Governor Phil Murphy today signed Executive Order No. 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18, while the car gatherings provision will take effect immediately.

“I’ve been clear that data will determine dates, and what we are seeing gives us confidence that we can begin the careful restart of our economy,” said Governor Murphy. “Over the past eight weeks, New Jerseyans have taken our stay-at-home order seriously and have created the conditions that make this next phase possible. The steps we are taking allow for important standards of social distancing to continue with the return of safe, responsible business operations.” 

- Non-Essential Construction: The Order permits non-essential construction projects to resume effective at 6:00 a.m. on Monday, May 18. All construction projects must abide by the social distancing, safety, and sanitization requirements that are described in detail in the Governor’s Executive Order.

- Curbside Pickup at Non-Essential Retail Businesses: The Order also permits non-essential retail businesses to allow curbside pickup of goods, beginning at 6:00 a.m. on Monday, May 18, but businesses must continue to have their in-store operations closed to customers.  Businesses who choose to offer curbside pickup must abide by the requirements in the Order, which include but are not limited to the following:

In-store operations should be limited to those employees who are responsible for the operations required for curbside pickup; Customer transactions should be handled in advance by phone, email, facsimile or other means that avoid person-to-person contact; Customers shall notify the retailer by text message, email, or phone once they arrive, or make best efforts to schedule their arrival time in advance.  The customer should be asked to remain in their vehicle, if arriving by car, until store staff delivers the purchase; Designated employees should bring goods outside of the retail establishment and place goods directly in a customer’s vehicle when possible, avoiding person-to-person contact; and Such businesses must follow social distancing and mitigation practices outlined in previous orders, including requiring workers to wear cloth face coverings when in contact with other workers or customers and gloves when in contact with goods or customers. 

- Car Gatherings:  The Order states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107.  Examples of such car gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris.  Car gatherings will be subject to the restrictions in the Order, which include but are not limited to the following:

Attendees must remain in their same car throughout the gathering, unless 1) an occupant needs to get out of the vehicle for their health or safety or 2) an occupant needs to use the restroom;

The vehicle must remain closed at all times unless 1) there is six feet of distance between other vehicles or individuals or 2) an officer, public official or guard requires the vehicle to open. There is a further exception allowing the opening of the vehicle if necessary for health or safety;

Individuals organizing the gathering who are not in vehicles must follow social distancing and wear cloth face coverings; and To the degree that a gathering requires pre-payment, or seeks donations of any kind, contactless options for pre-payment or donation, such as online or by telephone, must be offered wherever feasible. Retail businesses operating in shopping malls are permitted to operate by curbside pickup, in accordance with the other requirements of this paragraph, but staff must bring the goods to customers at the exterior of the mall.  The indoor portions of shopping malls must remain closed, as required by the Governor's previous orders.

 A copy of Executive Order No. 142  can be found here.

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Please be advised, due to the current state of emergency and public health emergency declared by Governor Murphy pursuant to Executive Order No. 103, and in an effort to prevent further spread of COVID-19, the Board of Health meeting will be held via Zoom on Tuesday, May 12, 2020 at 7:00 p.m.  Members of the public can join this meeting from their computer, tablet or smartphone.  Members of the public who join this meeting will be able to give public comment during the open hearing portions of the meeting. Below, please find the link to the meeting: 

https://zoom.us/j/91575931941?pwd=a0VXUmhXMEwrL2VCMjIxRVlyTmVUdz09

Please be advised, due to the current state of emergency and public health emergency declared by Governor Murphy pursuant to Executive Order No. 103, and in an effort to prevent further spread of COVID-19, the Board of Health meeting will be held via Zoom on Tuesday, May 12, 2020 at 7:00 p.m.  Members of the public can join this meeting from their computer, tablet or smartphone.  Members of the public who join this meeting will be able to give public comment during the open hearing portions of the meeting. Below, please find the link to the meeting: 

https://zoom.us/j/91575931941?pwd=a0VXUmhXMEwrL2VCMjIxRVlyTmVUdz09

BOROUGH OF BERGENFIELD
PUBLIC NOTICE OF FAIRNESS HEARING TO CONSIDER AND APPROVE SETTLEMENT OF MOUNT LAUREL/AFFORDABLE HOUSING LITIGATION

PLEASE TAKE NOTICE that a “Fairness Hearing” has been scheduled for June 10, 2020  at 10:00 in the morning before the Honorable Gregg A. Padovano, J.S.C., Superior Court of New Jersey at the Bergen County Justice Center (Courthouse Building), located at 10 Main Street, Courtroom 331, Hackensack, New Jersey 07601,(IF THE COURTHOUSE IS OPEN TO THE PUBLIC)  to consider a proposed Settlement Agreement between the Borough of Bergenfield and the Fair Share Housing Center (“FSHC”) in the Mount Laurel/Affordable Housing action entitled In the Matter of the Application of the Borough of Bergenfield, a Municipal Corporation of the State of New Jersey,  Docket No. BER-L-6715-15. Through this judicial proceeding, the Court will evaluate whether the proposed Settlement Agreement between the Borough of Bergenfield and FSHC is fair and reasonable to the housing region’s very low, low and moderate income households, according to principles set forth in Morris County Fair Housing Council v. Boonton Tp., 197 N.J. Super. 359 (Law Div. 1984), aff’d o.b., 209 N.J. Super 108 (App. Div. 1986) and East/West Ventures v. Borough of Fort Lee, 286 N.J. Super. 311 (App Div. 1996) and to determine whether the settlement agreement creates a realistic opportunity for the satisfaction or partial satisfaction of the Borough’s affordable housing obligations.

IF THE COURTHOUSE REMAINS CLOSED TO THE PUBLIC 48 HOURS PRIOR TO THE SCHEDULED FAIRNESS HEARING THE HEARING may take place by video conference.  Information regarding courthouse closings is available online at www.njcourts.gov and, if the courthouse remains closed to the public 48 hours prior to the scheduled fairness hearing, any interested party may contact the Borough of Bergenfield Clerk at This email address is being protected from spambots. You need JavaScript enabled to view it. and/or the Borough of Bergenfield attorney’s office at This email address is being protected from spambots. You need JavaScript enabled to view it. and provide full contact information including full name, business affiliation (if applicable) address, day-time telephone number and email address in order to determine how they can participate in the hearing.

The purpose of the hearing is to consider whether the Borough’s plan as summarized in the settlement agreement provides a realistic opportunity to satisfy the Borough’s rehabilitation, Prior Round and Third Round “Fair Share” of the regional need for housing affordable to very-low income, low income and moderate income households pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the substantive, applicable regulations  of the New Jersey Council on Affordable Housing (“COAH”), the New Jersey Supreme Court’s March 10, 2015 decision in the mater of In re: N.J.A.C. 5:96 & 5:97, 221 N.J. 1 (2015) and other applicable laws and  judicial decisions.  The terms of the settlement have been memorialized in a final “Settlement Agreement executed on behalf of the Borough and FSHC.  The Settlement Agreement provides details of the Borough’s affordable housing obligations and compliance mechanisms and addresses existing components of the Borough’s affordable housing obligations for the period of 1987-2025, including the Borough’s Present Need Obligation (or rehabilitation obligation).  The Settlement Agreement is available for public inspection and/or photocopying through the Office of the  Borough Clerk, Borough of Bergenfield, 198 North Washington Avenue, Bergenfield, N.J.  07621 and/or the Borough of Bergenfield website at www.Bergenfield.com.

On the date of the Fairness Hearing, the Borough will seek an order formally approving the Settlement Agreement, subject to appropriate conditions, if any, that may be imposed by the Court, which order will entitle the Borough to protection from any Mount Laurel or builder’s remedy lawsuits for a period to be determined by the Court.  Any interested person may appear and be heard at the June 10, 2020 hearing and may have the opportunity to present evidence, testimony or comment  in connection with the proposed Settlement Agreement.  Objections or comments by any interested person must be filed with the Court in advance on or before May 26, 2020 to the Court, Honorable Gregg A. Padovano, J.S.C. Bergen County Justice Center, Courtroom 331, Hackensack, N.J. 07601 with duplicate copies forwarded by mail and email to the attention of the following individuals:  John L. Schettino, Esq., Law Offices of John L. Schettino, LLC, 800 Main Street, Ste. 101, Hackensack, N.J. 07601, mail @jlslegal.com; Adam M. Gordon, Esq., Fair Share Housing Center, 510 Park Blvd., Cherry Hill, N.J. 08002-3318, This email address is being protected from spambots. You need JavaScript enabled to view it.; Elizabeth K. McManus, LEED AP, PP, AICP, Kyle & McManus Assoc., P.O. Box 236, Hopewell, N.J. 08525, This email address is being protected from spambots. You need JavaScript enabled to view it..

This notice is provided pursuant to the direction and order of the Court and is intended to inform interested parties, persons and entities of the Settlement Agreement, the fairness hearing to be conducted on the Settlement Agreement and inform interested parties, persons and entities that they are able to comment on the Settlement Agreement before the Court determines whether to approve the Settlement Agreement.  This notice does not indicate any view of the Court as to the fairness, reasonableness or adequacy of the Settlement Agreement or whether the Court will approve the Settlement Agreement.

John L. Schettino, Esq.
Attorney for the Borough of Bergenfield