Municipal Land Use Law (MLUL) Flashcards
Time for a planning board to adopt of memorializing resolution
45 days
Time during which plans are to be on file prior to hearing
10 days
Time for board to mail a copy of its decision to applicant/attorney
10 days
Time for board to certify complete application
45 days
Notice period for adoption of master plan (publication/mailing)
10 days
Time for an administrative officer to issue a certified list of property owners following applicant’s request
7 days
Time to file master plan or ordinance with county planning board after adoption
30 days
Time for County planning board to certify ordinance filed by a municipality
10 days
Time to appeal decision of the governing body
10 days
Time for governing body to decide an appeal of a zoning board decision.
95 days
Time for planning board to refer zoning ordinance recommendation to governing body
35 days
Term of capital improvement budget
6 years
Max term for approval of a General Development Plan
20 years
Time for board action on a General Development Plan
95 days
Time for board action on preliminary site plan approval where plan involves 10 acres of land or more, or than 10 dwelling units or more
95 days
Time for board action on a minor site plan
45 days
Time of protection of an approved minor site plan
2 years
Time for board action on a minor subdivision plan
45 days
Time after which minor subdivision approval expires unless perfected
190 days
Period of protection against zoning changes for a minor subdivision
2 years
Time for board action on preliminary subdivision application of 10 or fewer lots
45 days
Time during which statutory rights exist under a preliminary major subdivision approval
3 years
Time during which a final approval shall be granted or denied
45 days
Time during which the rights conferred upon a developer shall not be changed upon final approval, generally
2 years
Time for a zoning board to issue an interpretation of a zoning map or ordinance
120 days
How often must a zoning board make a report on zoning matters to the governing body and planning board?
annually
Time for a planning board to decide on a conditional use application
95 days
Time for a planning board to decide on a bulk “C” variance application
120 days
Time to make an appeal of an Administrative Officer’s decision to the Zoning Board
20 days
How many members on a Planning Board?
7 to 9 (by ordinance)
How many members on a Zoning Board?
7
How many alternates on a Planning Board?
2 or 4 (by ordinance)
Class I members include:
mayor or mayor’s designation (duration of term)
Class II members include:
a municipal official other than a member of the governing body (1 year term)
Class III members include:
a member of the governing body (1 year term, elected by the body)
Class IV members include:
citizens (4 years)
Board chair/vice chair include:
Class IV members elected by the board
Powers of a Zoning Board
- hear appeals of administrative officer decision
- hear requests for interpretation of zoning map/ordinance
- hear variances to bulk and non-use zoning standards
- hear variances related to use and several specific categories
- review site plans/subdivisions if D variances are involved
- hear “planning variances” (allowing buildings within mapped road/drainage, flood control basin, public area) or a building on a lot without street frontage
C(1) Variance
addresses a hardship (irregular lot shape, etc), where:
- variance does not cause substantial detriment to the public good
- variance does not substantially impair the intent/purpose of the zoning plan/ordinance
requires majority vote to approve
C(2) Variance
“flexible C” variance, where:
- variance promotes one or more purposes of the MLUL
- potential benefits outweigh potential detriments
requires a majority vote to approve
D(1) Variance
A use variance (use/structure not permitted)
- proposed use must be particularly suitable to the location and reconciled with MP/ZO (see Medici)
- advances one or more purposes of the MLUL (inherently beneficial uses presumptively satisfied)
- positive criteria must outweigh the negative criteria
D(2) Variance
expansion of a nonconforming use
- board may rely on aesthetic reasons alone (since expansion is not as serious as new, see Burbridge)
D(3) Variance
deviation from conditional use standards
- not as stringent to prove as a use variance (see Coventry Square)
- applicant must demonstrate that the negative impacts can be mitigated in satisfaction with the negative criteria
D(4) Variance
exceeding max FAR
- applicant must demonstrate that the site can accommodate problems associated with nonconforming FAR
D(5) Variance
exceeding max density
- applicant must demonstrate that the site can accommodate problems associated with nonconforming density
D(6) Variance
exceeding max height by more than 10ft or 10%
- applicant must demonstrate that the negative impacts can be mitigated in satisfaction with the negative criteria
Master Plans must be reexamined every….
10 years
A Zoning Ordinance shall provide …
- the character of use and most appropriate uses of land
- uniformity within the district
- airport safety zones
- regulation of land adjacent to federal/state/county routes and highways
A Zoning Ordinance may provide for….
- buildings, bulk, and use
- TDR and cluster development
- performance/design standards
- nonconforming uses
- conditional uses
Site Plan Specific Standards must include:
- preservation of natural resources
- circulation, parking, and loading
- screening, landscaping, and location of structures
- lighting
- energy conservation
- recycling
How many members on a Historic Preservation Commission?
5, 7, or 9
What are Class A Historic Preservation Commission members?
- persons demonstrating knowledge/interest in buildings
- may reside outside the municipality
What are Class B Historic Preservation Commission members?
- persons demonstrating knowledge/interest in history
- may reside outside the municipality
When do municipalities have to adopt a Stormwater Management Plan?
- Within 1 year after NJDEP adopts revised Stormwater Management Rules
OR
- during the next Master Plan Reexamination Report
(whichever is later)
How long do municipalities have to adopt a Stormwater Management Ordinance?
1 year from adoption of a Stormwater Management Plan
The Affordable Housing Act of 1983 addresses what?
- the use of mobile homes as affordable housing
- prohibits exclusion or restriction of mobile homes that are 22-feet or wider (unless those restrictions apply to all residential structures)
A historic preservation plan element mainly provides for…
local designation of historic sites/districts by a historic preservation commission
Sica v. Twp of Wall
established 4-part test for inherently beneficial uses:
- Evaluate the public interest served by the inherently beneficial use;
- Identify any adverse consequences of granting the variance;
- Consider conditions which might be imposed to mitigate any adverse consequences; and
- Balance the public interest in granting the variance versus the adverse impact
Minimum size of a combined Planning/Zoning Board
9 members
What are the requirements to establish a combined Planning/Zoning Board?
- May be created by ordinance if population is 15,000 or less
- May be created by referendum in any size town
Who cannot participate in “D” variance applications in a combined Planning/Zoning Board?
Any elected officials (Class I and Class III)
What must a recycling plan element provide for?
provisions for recycling programs, required for:
- development of 50 or more single-family homes
- development of 25 or more multi-family units
- development of 1,000sf or more commercial/industrial land
Number of multi-family or family units to be constructed for which an ownership disclosure statement must be filed in a variance application
25 or more units
Fine for concealing names on disclosure list
$1,000 to $10,000
Number of lots to be subdivided requiring list of corporate stockholders or interested partnerships
6 or more lots
Maximum time period during which a municipality shall have the right to set aside the sale of property which has not received appropriate local approvals where the instrument of conveyance is not recorded
6 years
Percentage of ownership which triggers a requirement for disclosure
10%
Types of sites requiring list of stockholders
Commercial
Time for board action on preliminary site plan approval where plan involves 10 acres of land or less, or 10 dwelling units or less
45 days
Time for County Planning Board Secretary certification of filed ordinance
10 days
Time after filing a plat during which the County Recording Officer is to notify the Planning Board and municipal tax assessor of its filing
7 days
Time after receipt of a written application that the Administrative Officer is to advise an appliance on whether a particular lot was the part of a subdivision during the preceding three years
15 days
Percentage of the cost of installation for which a performance guarantee may be required
120%
Maximum percentage of the cost of improvements that a municipality may require as a maintenance guarantee
15%
Maximum time period for which a maintenance guarantee shall be posted
2 years
Minimum amount to which the municipality may reduce the performance guarantee to insure the completion of improvements
30%
Amount in excess of which a deposit with the municipality must be placed in an interest bearing account
Percentage of the owners of either the area of the lots or land included within a proposed zoning ordinance amendment or revision that must sign a protest against its adoption to trigger a requirement that the amendment or revision will not become effective
20%
Time for a Zoning Board to make a decision
120 days
Maximum number of one-year extensions to a final approval granted by a board
3
Number of acres of Planned Development which may receive final protection longer than two years
50 acres
Minimum square feet of a non-residential development which may trigger a right to obtain final approval protection for a period greater than two years
200,000 sf
Time after the adoption of an ordinance which renders a use or structure non-conforming during which a 1 year application may be made to the Administrative Officer for a certificate respecting that non-conforming use or structure
1 year
Maximum number of alternate members on a Historic Preservation Commision
2
Term of Class IV member
4 years
Term of Class I member
duration of mayoral term
Term of Class II member
1 year
Term of Class III member
1 year
Maximum number of alternate members on a Zoning Board
4
Number of alternate members on a Planning Board
4
Length of basic course in land use law and planning
5 hours
Time for an appointed board member to complete the basic course in land use law and planning before assuming/retaining board membership
18 months
What are Class C Historic Preservation Commission members?
Citizens who:
- may not hold public office
- may be on the Planning Board or Zoning Board
When can alternate members of any board participate or vote?
- may participate in any matter
- may only vote in the absence of the respective member
Duties of a Historic Preservation Commission…
- Prepare a survey of historic sites
- Make recommendations to the Planning Board regarding a historic preservation element
- Advise the Planning Board on historic sites related to the Capital Improvement Plan
- Advise the PB and ZBA on applications in adopted historic districts/sites
- Carry out other advisory, educational functions necessary
What are the negative criteria for a variance?
Determination that the requested variance will not result in:
- substantial detriment to the public good
- substantial impairment to the intent and purpose of the zone plan and zoning ordinance
What standards are discretionary in a subdivision and site plan ordinance, genrally?
- planned development
- cluster development
- off-tract improvements
- requiring up to date taxes
- performance guarantees
How is off-tract defined?
- Not located on the property subject of an application; and
- not located on the closest half of an abutting right of way
How is off-site defined?
- not located on the lot in question; BUT
- within the same property of which the lot is part, subject to an application; OR
- the closest half of the street or right of way abutting the property
