Municipal Planning Flashcards
What year did the US Supreme Court uphold zoning laws for the first time?
1926
As a general rule, owners wishing to develop their property inconsistent with zoning regulations may go to which board, which has the power to grant variances.
Board of Adjustment
Planning Boards have the exclusive right to approve________,but may also grant ________ as long as they only relate to the size and location of the proposed construction.
Subdivisions, variances
Which board has the exclusive right to grant use variances?
Boards of Adjustment
When applying for a variance the applicant must notify all property owners within how many feet of the subject property?
200 ft
Who adopts the Master Plan, the long range plan for a municipality?
The Planning Board
Capital Items must have a useful life of how many years?
5
True or False. The State Plan is aimed at discouraging rural development.
True
Can wetlands be developed?
Some limited use is permitted with DEP approval
True or False. At this time laws that prohibit development have not been declared unconstitutional as a persons right to property.
True
True or False. From a property tax standpoint, deluxe office buildings are a good rateable that don’t increase demand for costly public programs or education.
True
True or false. One can plan too much if allowances are made for changes or if planning takes too much time from other essential tasks.
True
What is the primary goal of municipal planning?
To design, construct and maintain an adequate infrastructure while prohibiting incompatable land uses from the same or adjacent areas whenever reasonably possible.
Who adopts zoning laws?
The governing body
True or false. Planning Boards have the right and are given the opportunity to make recommendations on proposed zoning laws.
True
Why do municipalities plan?
To assure residents an adequate infrastructure, to preserve or enhance property values, protect the health and welfare of residents and reduce future maintenance costs.
True or false. All municipalities must prepare a capital budget plan: for municipalities with more than 10,000 residents, the plan must be for six years and for small municipalities a minimum three year plan is required.
True
Who is responsible for the maintenance of sidewalks in the absence of a law.
The Municipality
What are the two main sections of the master plan?
A statement of goals and objectives and a land use section
Does the State Government give police power for zoning to local governments?
Yes
In the early 1900”s what vehicle promoted urban growth?
The trolley car
What is the Municipal Land Use Law
NJSA 40 : 55 D
What must you have adopted in order to enforce the Municipal Land Use Law?
An Ordinance
True or False. The municipality is the only entity that has the power to zone.
True. The state gives that right and it has been upheld by the US Supreme Court
True or False. An owner can continue and expand a nonconforming use.
False
What do zoning ordinances regulate?
Types of land use
Zoning ordinances must conform what?
The master plan
How often should the Master Plan be reviewed?
Every 6 years
True or False. Zoning ordinances are not required to be consistent with the Master Plan
True
A Zoning Board of Adjustment must have how many members?
Seven
“D” variances require how many votes?
5 a super majority
A Bulk or “C” variance is generally heard and ruled on by which board?
The Planning Board
Use or “D” variances are heard and ruled on by which board?
Zoning Board of Adjustment
True or False. All ordinances and decisions by the Zoning Board of Adjustment cannot be appealed.
False
What are the duties of the Code Enforcement Official?
Review applications for a permit Issue notices of violation Write summons for violation Enforce Zoning Ordinances Enforce conditions of approval Report to the Governing Body Determine "Abandonment"
Code official has how many days to review applications for completeness?
45 days
The State Plan favors what method of development?
Cluster
The State Plan also seeks to protect the following
Natural resources and historically significant features
Condemnation requires payment of what?
100% true market value and must be for the public good
What are “Wetlands”
Protected areas around streams and rivers
Wetlands are regulated by which organization
NJDEP
Wetlands require what size buffer?
100 ft
The typical Roadway easement is how many feet?
50
The typical roadway or cartway is 30 ft. What is the remaining 10 ft area on either side called?
The Right of Way (ROW)
