Municipal Land Use Law (MLUL) Flashcards
Time for a planning board to adopt a 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
The General Development Plan shall set forth… (5)
- permitted # of dwelling units
- amount of nonresidential floor space
- residential density
- nonresidential FAR for the planned development
- a schedule for timing the sections of development
A General Development Plan may include…
- general land use plan
- circulation plan
- open space plan
- utility plan
- stormwater management plan
- environmental inventory
- community facility plan
- housing plan
- local service plan
- fiscal report
- timing schedule
- municipal development agreement
Modifications of a GDP timing schedule shall… (2)
1) Be approved by the PB
2) The PB shall take into consideration economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and region, and the availability and capacity of public facilities to accomodate the development
In a GDP, a developer may reduce… (2) EXCEPT… (1)
1) number of residential units or amount of nonresidential floor space by up to 15%
2) residential density or nonresidential FAR by up to 15%
3) may NOT reduce number of residential units to be provided required under NJ’s affordable housing law (P.L. 1985, c. 222) without prior municipal approval
Time for board action on preliminary site plan approval where plan involves 10 acres of land or more, or 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 filed / recorded /perfected with County
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 for board action on preliminary subdivision application more than 10 lots
95 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
UNDUE HARDSHIP: addresses a hardship (irregular lot shape, topo, strict application would result in EXCEPTIONAL practical difficulty or exceptional and undue hardship)
requires majority vote to approve
C(2) Variance
PROMOTION OF THE PURPOSES OF ZONING: “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)
POSITIVE CRITERIA: variance can be granted in particular cases and for special reasons (e.g., promotes general welfare -purpose of the MLUL- , development is particularly suited)
-advances one or more purposes of the MLUL (inherently beneficial uses presumptively satisfied)
NEGATIVE CRITERIA: Medici held that you need an enhanced quality of proof under the (-) criteria.
AKA that there will be no substantial impairment
AKA reconcile deviation with MP/ZO (why it should be granted despite its exclusion in the past)
- positive criteria must outweigh the negative criteria
D(2) Variance
expansion of a nonconforming use
POSITIVE CRITERIA:
-special reason - variance minimizes the nonconformity
- board may rely on aesthetic reasons alone (since expansion is not as serious as new, see Burbridge)
NEGATIVE CRITERIA:
-enhanced quality of proof doesn’t apply for limited expansions b/c less likely to involve substantial impairment
D(3) Variance
deviation from conditional use standards
POSITIVE CRITERIA
-site suitability test already met – not as stringent to prove as a use variance (see Coventry Square)
-demonstrate site is still appropriate despite the deviation from the conditions
NEGATIVE CRITERIA
-determine whether conditions can be imposed to ensure negative impacts of the deviation can be mitigated in satisfaction with the negative criteria
D(4) Variance
exceeding max FAR
POSITIVE CRITERIA
-site suitability test already met
- applicant must demonstrate that the site can accommodate problems associated with nonconforming FAR
NEGATIVE CRITERIA:
-determine whether conditions can be imposed to ensure negative impacts of the deviation can be mitigated in satisfaction with the negative criteria
D(5) Variance
exceeding max density
POSITIVE CRITERIA
-site suitability test already met
- applicant must demonstrate that the site can accommodate problems associated with nonconforming density
NEGATIVE CRITERIA
-determine whether conditions can be imposed to ensure negative impacts of the deviation can be mitigated in satisfaction with the negative criteria
D(6) Variance
exceeding max height by more than 10ft or 10%
POSITIVE CRITERIA
-IF USE PROHIBITED, applicant must demonstrate the use promotes general welfare and is particularly suited
-IF USE PERMITTED, applicant must demonstrate that the negative impacts can be mitigated in satisfaction with the negative criteria
NEGATIVE CRITERIA
-IF PROHIBITED: enhanced quality of proof – reconcile deviation with MP/ordinance
-IF PERMITTED: determine whether conditions can be imposed to ensure negative impacts of the deviation can be mitigated in satisfaction with the negative criteria
particular suitability
falls under / is an example of a special reason for granting a variance under the positive 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 regular members
up to 2 alternates (Class C)
A+B members = 1 less than majority
if 5 member board, majority is 3 = 2 Class A+B members
if 7 member board, majority is 4 = 3 Class A+B members
if 9 member board, majority is 5 = 4 Class A+B members
What are Class A Historic Preservation Commission members?
- person knowledgeable in building design and construction or architectural history
- may reside outside the municipality
What are Class B Historic Preservation Commission members?
- persons knowledgeable or demonstrating interest in local 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:
- ID and evaluate the public interest served by the inherently beneficial use;
- ID 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 (positive v negative and determine whether variance can be granted in satisfaction with the negative criteria)
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
A corporation must disclose the names and addresses of all stockholders or partners owning at least ___ of its stock or interest when applying to the PB, ZB or GB to… (3)
10% of its stock or interest
- subdivide parcel into 6 or more lots
- construct multiple dwellings with 25+ units
- construct a commercial site
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 stockholder 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/improvements for which a performance guarantee may be required
120%
who determines the improvements and cost estimate for performance guarantees?
the municipal engineer
when may a separate performance guarantee be required?
for landscaping in privately owned perimeter buffer area
when can a safety and stabilization guarantee be used?
-to restore a site to a safe condition if work started but then halts for 60+ consecutive days
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
Amount of the performance guarantee the municipality may retain to ensure completion of improvements
30%
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%
who approves the bonded improvements?
the GB by resolution, determined to be complete and satisfactory by the municipal engineer.
-resolution of approval shall be adopted no later than 45 days after receipt of list and engineer report
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 class C members
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
2 or 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? May and may not…
Citizens who:
- may NOT hold public office
- may NOT be municipal employees
- 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
Historic Preservation Commission member appointments and terms
-chair, vice-chair, and secretary
-members are appointed by mayor or PB Chairman (if ordinance says so)
-attorney shall be the municipal attorney unless GB approves funding and HPC can hire their own separate attorney
-staggered terms for initial appointments to make sure not all expire at the same time
-regular members: 4 years
-alternate members: 2 years
-if a member is also on the PB or ZB, their term on the commission ends when their PB/ZB term ends
Historic Preservation Commission shall… (5)
- 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
Historic Preservation Commission input on applications
PB/ZBA shall refer complete applications in historic districts to HPC and they MAY provide an advisory report and testify at the hearing
Historic Preservation Commission Advisory Report
-If a zoning ordinance designates and establishes historic sites, the GB shall refer applications for permit issuance.
-HPC prepares ____. analyzing compliance with zoning ordinance’s historic preservation rules
-______ prepared within 45 days of receipt
-if denial recommended –> admin officer shall deny permit OR include conditions with permit
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
Notice requirements for minor site plans and subdivisions may be waived if…
no variances are needed
Minor site plan approval protection and extension
1) 2 years
2) 1 year
Minor subdivision approval protection and extension
1) 190 days (must be filed/perfected/recorded with County)
2) 1 year
Preliminary major subdivision or site plan approval protection and extension
1) 3 years
2) two 1-year extensions possible
Preliminary approval may involve… (3 things)
1) fewer requirements
2) no requirement of preformance guarantees until final approval
3) longer-term, larger projects with uncertain development conditions
Preliminary subdivision or site plans approval and extension time for an area of 50 acres or more (3 considerations)
Board may grant preliminary approval for longer than 3 years and longer than two 1-year extensions
approval considerations
1) # of dwelling units and non-residential floor area permissible under prelim. approval
2) economic conditions
3) comprehensiveness of the development
extension considerations
1)# of dwelling units and non-residential floor area permissible under prelim. approval
2) economic conditions
3)comprehensiveness of the development, provided that if the design standards have been revised, such standards may govern
Final subdivision or site plan approval and extension time for…
1. planned development of ___ acres or more
2. conventional site plan/subdivision of ___ acres or more
3. site plan development of ___ sf or more of ____ floor area
- 50 acres
- 150 acrees
- 200,000 sf
Board may grant final approval for longer than 2 years and longer than three 1-year extensions
For final approval, notice is…
not required
Minor or final subdivision plat is filed with…
County recording officer after it’s been signed by the Board Chairperson and Secretary
Medici v BRP Co.
Held that…
1) economic inutility can also constitute a “special reason”
2) promoting the general welfare is the zoning purpose that most clearly amplifies the meaning of “special reasons”
3) for d(1) use variances, the deviation needs to be reconciled with the MP/Zoning Ordinance for the negative criteria (i.e., deviation doesn’t cause substantial impairment to the intent and purpose of the MP/ordinance)
–> AKA need an “enhanced quality of proof” that there will be no substantial impairment
–> AKA prove why variance should be granted based on its exclusions from planning and zoning considerations in the past.
Burbridge v. Mine Hill Township
Held that aesthetic improvements are sufficient special reason to warrant a d(2) variance (ex: old, long-time NC use cleaned up)
Coventry Square v. Westwood BOA
Established the lesser standard that presumes the site suitability test is satisfied (for d(3), d(4), d(5), and d(6)* variances)
St. Johns Evangelical Lutheran Church v. Hoboken
Held that homeless shelters are accessory to a place of worship
Hearing findings and conclusions shall be provided through… (2)
*voting members…
1) Resolution adopted at the meeting
2) Memorializing Resolution adopted at a meeting no later than 45 days after the meeting
only the members that vote for the decision can vote on the resolution
Copy of a hearing decision shall be… (3)
1) mailed to the applicant within 10 days of the decision
2) filed by the municipal agency in the office of the admin officer and copy available to public for a fee
3) published in the newspaper
group home (and max)
any single family dwelling used in the placement of children. shall contain no more than 12 children
group homes and community residences (list examples) are considered…
single family homes for zoning purposes
ex: disabilities, victims of domestic violence, terminal illness, head injuries, adult care homes
community residence (and max)
facility providing food, shelter, and personal guidance to not more than 15 persons
use permitted in all residential zones
1) family day care homes
2) group homes/community residences - considered SFH
use permitted in all non-residential zones
-childcare centers
-floor area occupied in a building or structure as a childcare center shall be excluded in calculating:
1) parking requirements
2) density allowable
program permitted in all districts
child care programs
-shall be exempt from zoning restrictions
Groundwater remedial action means … (1)
structures related to groundwater remediation shall be…(2)
town may adopt…(3)
1) removing or cleaning of pollutants in groundwater, including underground storage tanks
2) considered accessory uses/structures and permitted in all districts
3) MAY adopt by ordinance reasonable siting standards
3 types of underground storage tanks
1) farm fuel tanks for noncommercial purposes (1,100 gallons or smaller)
2) heating oil tanks in nonresidential buildings (2,000 gallons or smaller)
3) residential oil tanks
if for any reason a variance is required for groundwater remedial action…
1) positive criteria under the c(1) variance is already met - requiring a variance for this would cause exceptional and undue hardship
2) board may set reasonable conditions to regulate location and use of structures
3) decide in 20 DAYS
time for board to decide on a groundwater remedial action application
-20 days
-if application incomplete, board has to let them know in writing prior to the 20 days
methadone clinics
towns may provide in the ordinance that ___ are to be business or commercial uses, not doctors office.
When such ordinance is adopted, siting of ____ shall be limited to zones designated for commercial/business uses
wind and solar facilities shall be…
permitted in industrial zones on parcels of 20 or more contiguous acres owned by the same person
Small Wind Energy Systems
1) unreasonable restrictions
2)Exceptions
3)Compliance with…
1) can’t completely ban them,
-can’t use generic height restrictions that don’t account for turbine towers,
-setback greater than 150% of the height,
-noise limit lower than 55db,
-stricter requirements than UCC
2) If one already received permit by the DEP Commissioner, restrictions don’t apply
3) have to comply with all Federal Aviation Admin requirements (if installed close to airports)
Small Wind Energy Systems deemed abandoned if…
-out of service for continuous 12-month period
-owner can respond to notice of abandonment within 30 days
solar or photovoltaic energy facilities or structures on ____ shall be ____
-on the site of any landfill or closed resource extraction operation (OUTSIDE THE PINELANDS)
-permitted use within every town
tiny home
A dwelling 400 sf or less in floor area, excluding lofts
EV equipment or spaces at existing gas stations, retail, or other existing building shall… (3)
-Completeness
-not be subject to a site plan review or require variance relief, provided they
1)don’t violate existing bulk requirements or conditions of original approval
2)conditions of prior approval continue to be met
3)installation complies with UCC
-provide completeness or deficiency letter within 20 days
Don’t have to install EV spaces if… (2)
-retail with 25 or fewer spaces
-single family home
fees for development applications and appeals shall be…
1) reasonable and established by ordinance
2) used to fund land use law and planning course for municipal officials
towns shall exempt:
towns may exempt:
shall exempt:
-board of education
may exempt (by ordinance):
-charitable, nonprofit, religious, fraternal, and philanthropic organizations
-disabled individuals and their families
Statewide nonresidential development fees (fee calculation on new versus addition)
-towns authorized by court to collect these
-fees are managed by COAH under FHA 1985
-towns can’t impose their own separate fees
IF NEW: fee calculated at 2.5% of the equalized assessed value of the land
IF EXISTING: fee calculated based on increase in assessed value from the addition
exemptions from non-residential development fee collection
1) tax exempt properties (religious and educational institutions
2) parking lots/structures
3) nonprofit healthcare institutions
4) urban transit hub projects
5) eligible town projects 0.5 mile radius of a light rail station
6) public amenities (rec, community centers, senior centers)
7) transit village projects
when would tax exempt property have to pay nonresidential development fees? pay by?
-if the property loses tax exempt status within 3 years of CO issued
-have to pay fee within 45 days of the termination of exemption
who does the developer pay nonresidential development fees to? pay by?
State Treasurer, unless authorized to directly pay town
pay fee BEFORE CO is issued
when does the tax assessor need to provide an estimate of the equalized assessed value to determine non-res development fee?
within 90 days
senior citizen defined in MLUL
any person 62 years old, or the spouse if the spouse is 55 years or older
senior citizens home rental rights
-A municipality cannot prohibit a senior citizen homeowner from renting at least one room to one person.
-municipalities may allow more than one tenant, but don’t have to
Time period provided after the signing of a plat during which a major subdivision shall be filed
95 days from the date of the signing of the plat for ___, may be extended to 190 days for good cause
Maximum time period from the date of signing a plat to which a board may extend a right to file a major subdivision
190 days
Time period during which a community must take action to set aside a recorded transfer of title which has not obtained appropriate local approvals
2 years
Number of alternate members on a combined board
4 appointed by Mayor
What is the only county that doesn’t have a PA1, 2, or 3 designation?
Sussex
What class members of the PB get appointed by the mayor?
Class II and Class IV
