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Council adopts ordinance requiring certain prior approvals for construction permits, ties permits to payroll‑tax compliance

3141055 · April 29, 2025
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Summary

The council adopted ordinance 25‑026 to require applicants for construction permits to secure prior approvals from specified city agencies before obtaining construction approvals; sponsors framed the change as a remedy to permit fragmentation and a tool to enforce payroll‑tax collection for large contractors.

The Jersey City Municipal Council adopted ordinance 25‑026 after public comment and debate over whether to delay the measure for additional outreach. The ordinance amends chapter 131, requiring applicants for construction permits to demonstrate prior approvals from relevant city officials and agencies before building permits are granted.

Proponents said the change closes gaps that allowed developers to begin work (including sidewalk/curb work and tree removals) without obtaining forestry permits and other approvals, sometimes leading to stop‑work orders and litigation. A public speaker cited a recent “driveway debacle” at 65 Terrace Avenue where a contractor began work after receiving departmental approvals but before getting forestry permission; the speaker said the ordinance would “prevent bad faith actors from exploiting loopholes.”

Council members debated whether to carry the ordinance to allow more community input. Councilperson Bogiano asked for a carry so developers and trade groups could get additional explanation; others — including the sponsor — argued the measure had been available for two months and was necessary to improve enforcement and help collect payroll taxes tied to construction activity that funds local schools.

After a roll‑call vote, the council adopted ordinance 25‑026 with a 7‑1 vote; Councilperson Bogiano voted no. Supporters said the ordinance also incorporates administrative remedies including permit denials, revocations and penalties for noncompliance; staff told the meeting that if other departments caused delays, the administration would not charge applicants fines but would work with them to resolve pending approvals.

Speakers also asked whether affected applicants would retain appeal rights; council and legal staff directed questions about appeals to the law department and noted that appeals go to the Hudson County Construction Board of Appeals as appropriate.

The ordinance was adopted at final reading; council members directed staff to provide additional clarifying guidance to applicants and to coordinate with the Division of Codes, forestry, law and other departments to prevent unintended delays.