Municipal Planning & Urban Development Flashcards
Makes uses compatible and provide specific uses in certain zone districts
Zoning
Zoning is intended to…
> Promote health, safety, and well being of the community
Create standards for compatible uses
Create zones/areas for specific uses
In 1926 the US supreme court ruled that zoning
Is constitutional provided that is designed to protect the public health, welfare, and safety.
What was one purpose of zoning
Aesthetics
> Favors and encourages cluster zoning-Dense housing
Reduce suburban sprawl
Destiny brought to cities and transportation areas
Revitalize cities
TOD-Transit Oriented development
Infrastructure
Protect natural resources
Protect historically significant features
NJ State Plan
is a power conferred on municipalities by the state legislature
Zoning
___ which restrict types of uses to regulate the destiny, intensity of development in the district. It also regulates the bulk, height, and number of stories a structure is permitted.
Zoning ordinance
Who adopts the zoning ordinance
Governing body
Who adopts the master PLAN and comments on changes to the zoning ordinances
PLANning board
> Statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based
A land use plan element serves as the basis for the zoning ordinance and zoning map
Mandatory Provisions
> All municipalities must reexamine the master plan at least once every ten (10) years.
At which time, they are to decide whether the current master plan is appropriate for the municipality, or if it constitutes changes. It is not required by law that the master plan be changed, it is required to be reexamined. A town can never alter their master plan but is altered after 5-6 examinations. 50-60 years.
If the municipal master plan is not re-examined every (10) years after the date of its adoption, the zoning ordinance begins to lose its presumption of validity if a board’s decision is appealed to the courts.
Zoning ordinances should be but are not required to be consistent with the master plan.
The Master Plan
> Legislative foundation of planning boards of adjustment in NJ
Defines powers and responsibilities of boards
Implement zoning, a municipality must enact an ordinance adopting the MLUL
Municipal Land Use Law
R.O.W.
>Typical width is 50’
>30’ cart way with 10’ on either side for utilities, street, trees, sidewalks, etc.
>Property’s front lot line and ROW line are the same line
Right of way
A right to cross or otherwise use someone else’s land for a specified purpose.
Easements
T or F >Easements do not change the ownership of the area
>Municipality/DPW responsible for the specified purpose only if it is a municipal easement
>Not responsible to maintain the easement area in the same manner as the property owner does
True
T or F Are wetland restrictions constitutional
True
> Reports to the governing body or designee
Reviews application for permitting
Issues notices of violation
Writes summonses for violations
Enforces zoning ordinances
Determines abandonment
Powers of Zoning enforcement official
Zoning enforcement officials…
>Conformance with zoning ordinance
>Issues a zoning permit
>Does not conform to zoning ordinance
>Denies the application for a permit
>Applicant can modify proposal to be in conformity
>Applicant can seek a variance from the zoning board of adjustment
ALL OF THIS IS AN EXAMPLE OF ___
Reviewing Applications
A nonconforming use which exists at the time of passage of a zoning ordinance, may continue indefinitely if the use does not change or expand falls under…
Determining abandonment
Who can hear and decide D variances.
zoning board of adjustment
> Hear and decide appeals of zoning officials decision
Hear and decide interpretations of the zoning ordinance by an applicant
Grant variance relief for strict application of ordinances
Powers of Zoning board of adjustment
Density is described as
Number of dwelling units per unit of land
The use of land, building, or structure which does not conform with current applicable use regulations.
Non-Conforming use
Permission to deviate from the literal requirements of a zoning ordinance
Variance
Variances also known as “bulk variances”
C variance
A D variance requires…
Supermajority I.E. 5 out of 6
The ZBOA only hears a C variance if it deals with
One or two family dwellings
D2 variance is
Expansion of a nonconforming use
some C1 and C2 application variances include projects for
Pools, decks, sheds
> Adoption of master plan
Subdivision and site plan review for permitted uses
Recommend changes to zoning ordinance
Responsibility the governing body may delegate or authorize this board to prepare
Refers to the governing body for adoption
Governing body still has right to amend as they see fit (2 readings)
Powers of the planning board
All ordinances, and decisions of zoning board of adjustment or planning boards can be ____
Appealed
> Reviewed for completeness
45 days
Notice to property owners within 200 ft
Variances and most other applications to any land use board require the applicant to notify all property owners within 200ft of the property needing the variance
Notice provides for the date/time of the public hearing and the nature of the proposal and variances being sought
Hearing Process
While the ZBOA needs a supermajority the planning board only requires a __
Majority
> Performance guarantees are provided by the developer to ensure the completion of the public improvements associated with their project should they fail to complete or go bankrupt
Maintenance guarantee are provided after the completion of the improvements and usually remain for 2 years, making the developer responsible for repairs.
Post Approval
100% true market value
Condemnation
Occurs when a local, state, or federal government seizes private property and compensates the owner. the power of the government to do this is called eminent domain, which essentially means government takes private property for public use
Condemnation
Capital budget is….
The expected life of at least 5 years
The municipalities responsibility to provide affordable housing
Mt Laurel Housing
If a municipality does not provide the services, the municipality must reimburse the qualified private community for services rendered by others.
Municipal Services Act
T or F a zoning official has 15 business days to approve or deny an application if not it is a automatic approval
False, 10 days
T or F if a construction official fails to approve or deny a permit within 20 days it is an automatic denial
True
The ZBOA has ___ days to deem an application incomplete
45
how many feet can you build from wetland
100 ft
who regulates wetlands
DEP
