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187 Cards in this Set

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How often should a municipal agency schedule meetings?
not less than once a month and shall be held as scheduled unless canceled for lack of applications
How are special meetings of a municipal agency called?
at the call of the chairman, or on the request of any two of its members
What attendance is required at a municipal agency meeting for action?
Quorum
Who makes the rules governing municipal agency hearings?
Municipal Agency
How far in advance should maps and documents be on file and available for public inspection for an application?
10 days before public hearing
When is an absent municipal agency member eligible to vote?
If the board member has a transcript or recording of all of the hearings from which he was absent and certifies in writing he has read such transcript or listened to such recording
How long does a planning or zoning board have to certify completeness?
45 days
Who's testimony shall be taken under oath or affirmation?
All witnesses
How shall Municipal Agency meetings be documented?
Through minutes and verbatim recordings
How are findings and conclusions documented at Municipal Agency meetings?
Through resolution or memorializing resolution
How long does a Municipal Agency have to adopt a memorializing resolution?
45 days from date of granting approval or denial
How long does a Municipal Agency have to inform the applicant of its decision in writing following the approval or denial?
10 days
What happens to any fees paid for an informal application review?
They are credited towards a development review application fee
Are the developer and/or planning board bound by the plan or the review for an informal review?
No
When is an application for development deemed complete?
When certified by a Municipal Agency
How long does a Municipal Agency have to certify completeness?
45 days
After 45 days, an application to the Municipal Agency is determined complete unless what two circumstances exist?
o The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and
o The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
May an application to a Municipal Agency be deemed incomplete for additional information not in the ordinance?
No
How long does a Municipal Agency have to tell an applicant that they may waive one of the submission requirements?
45 days
Upon reviewing an application for completeness, a Municipal Agency may request what items?
correction of any information and submission of additional information not specified in the ordinance
What must the applicant do to gain completeness if the Municipal Agency fails to respond in 45 days?
-shall provide notice of the default approval to the municipal agency and to all those entitled to notice
-arrange publication of a notice of the default approval in the official newspaper of the municipality
-file an affidavit of proof of service and publication with the administrative officer
When do development regulations need to be in effect to govern a development review?
On the date of submission of the application
What should be contained in a notice of hearing for a development or adoption of a Master Plan?
-date, time and place of the hearing,
-the nature of the matters to be considered
-identification of the property proposed for development by street address or by reference to lot and block numbers
-location and times at which any maps and documents for which approval is sought are available
Who gives notice of a development application to be heard by Municipal Agency? and how far in advance?
Applicant, unless a particular municipal officer is so designated by ordinance, and 10 days
What requires a public hearing by a Municipal Agency?
-an extension of approvals for five or more years
-modification or elimination of a significant condition or conditions in a memorializing resolution
-any other applications for development with the following exceptions:
+conventional site plan without variance
+minor subdivisions
+final approvals
-The governing body may by ordinance require public notice for certain categories of site plan review, for appeals of determinations of administrative officers and for requests for interpretation.
Who gets noticed for a Municipal Agency public hearing?
shall be given to the owners of all real property as shown on the current tax maps within 200 feet in all directions of the subject property
How shall notice be given for a Municipal Agency public hearing?
-in the local newspaper;
-Serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or
-Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
How are partnerships and corporations noticed for a Municipal Agency public hearing?
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
How are Condos and HOAs noticed for a Municipal Agency public hearing?
may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
How long does a municipality have to make and certify a list of names and addresses of property owners to give to an applicant?
7 days
How do you notice property owners of adjacent municipalities for a Municipal Agency public hearing?
Give notices to clerk of adjacent municipality
How and whom do you notice for a Municipal Agency public hearing for a development of a property adjacent to a State Highway
Notice shall be given by personal service or certified mail to the Commissioner of Transportation
When should notice for a Municipal Agency public hearing be given to the State Planning Commission?
for development of property which exceeds 150 acres or 500 dwelling units
When is noticed made by certified mail deemed complete?
Upon mailing
What must be filed with the County Planning Board to take effect?
Development regulations; those that are inconsistent with the Land Use element of the Master Plan must include a copy of the governing body resolution explaining the inconsistency AND official Map
Who files and maintains copies of all local development regulations?
Municipal Clerk
Who may appeal a Zoning Board of Adjustment decision to the governing body? How many days do they have?
Any interested party; 10 days
Who does the governing body need to notice about a Zoning Board appeal and when?
to the appellant and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting
How long does the governing body have to conclude a review of the record in a ZBA appeal?
95 days from the ZBA decision
What happens if the governing body fails to hold a hearing and conclude a review of a ZBA appeal?
shall constitute a decision affirming the action of the board
What happens if there is a tie of the governing body in a ZBA appeal?
shall constitute affirmance of the decision of the board of adjustment
What vote is needed for a governing body to reverse or remand to the ZBA or impose conditions on a ZBA appeal?
affirmative vote of a majority of the full authorized membership of the governing body
Who enforces the MLUL?
The governing body of a municipality
How long does an administrative officer have to issue or deny a zoning permit?
10 business days
What happens if an administrative officer fails to grant or deny a zoning permit within the allowable period?
the failure shall be deemed to be an approval of the application for the zoning permit
How many people may serve on a planning board?
7 or 9 members
Which members of a municipal planning board must be residents of the municipality?
All except the Class II member
Who serves on a municipal planning board?
1 Class I member (mayor or designee), 1 Class II member (muni official), 1 Class III member (governing body), the remainder should be Class IV members (residents)
Who is a Class I member and what is their term?
Mayor or designee, Term: tenure of office
Who is a Class II member and what is their term?
one of the officials of the municipality other than a member of the governing body, to be appointed by the mayor – Term: one year or terminate at the completion of their respective terms of office
Who is a Class III member and what is their term?
a member of the governing body to be appointed by it. Term: one year or terminate at the completion of their respective terms of office
Who is a Class IV member and what is their term?
other citizens of the municipality, to be appointed by the mayor Term: four years
Who may be removed, by hearing, by the governing body from a planning board?
Any member other than the Class I member
How many alternates may a planning board or zoning board have? In what Class?
Two Class IV members
How many alternates may a joint "land use board" have? In what Class?
Four Class IV members
Who may serve as temporary members of the planning board?
Zoning board members
Who is exempted from the educational requirements of planning board membership?
Class I and III members; licensed planners; anyone who has completed a more extensive course
What class of planning board member may serve as chair or vice-chair?
Class IV (residents)
What are the powers of the planning board?
What population is required to have a 9-member joint planning and zoning board?
15,000 or less
In the case of a combined planning and zoning board, who may not participate in D variance applications?
Class I and III members
In what case may a planning board serve as a historic commission?
2500 or less, municipal population
Where a combined land use board exists, how can a municipality recreate a zoning board?
Voter referendum, initiated by the governing body
How long does the planning board have, after referral from governing body, to issue a report regarding consistency with the Master Plan?
35 days
What vote of the governing body is required to disapprove a recommendation of the planning board?
majority of its full authorized membership
How does the governing body refer matters to the planning board before final action?
by ordinance
What is a citizen's advisory committee?
After the appointment of a planning board, the mayor may appoint one or more persons as a citizens' advisory committee to assist or collaborate with the planning board in its duties, but such person or persons shall have no power to vote or take other action required of the board. Such person or persons shall serve at the pleasure of the mayor.
What shall the planning board and zoning board do when an environmental commission has prepared and submitted an index of natural resources?
make available to the environmental commission an informational copy of every application for development submitted to either board
What are the required elements of a Master Plan?
statement of objectives; land use element; relationship to other plans (although the housing element is required in order to create zoning)
What is the projected time for a Capital Improvement Program?
at least 6 years
Who authorizes and creates a Capital Improvement Program?
Governing body authorizes the planning board to create
How long does the planning board have to review plans and make recommendations from the governing body or public agency (using public funds for development)?
45 days
Who adopts an official map of the municipality and how?
Governing body, by ordinance
What may the governing body require as condition for filing a subdivision plat with the county recording officer?
approval of subdivision plats by the planning board
What may the governing body require as condition for the issuance of a permit for any development?
approval of site plans by the planning board
What applications are exempted from site plan or subdivision review?
detached one or two dwelling unit buildings
An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include what provisions?
-for submission and processing of applications for development
-consistency with zoning
-regulations for open space, natural features, water/utilities
-for streets + access management
-ensuring performance in substantial accordance with the final development plan
An ordinance requiring site plan review and shall include and shall be limited to standards and requirements relating to what elements?
o Preservation of existing natural resources on the site
o Safe and efficient vehicular and pedestrian circulation, parking and loading
o Screening, landscaping and location of structures
o Exterior lighting needed for safety reasons in addition to any requirements for street lighting
o Conservation of energy and use of renewable energy sources
o Recycling of designated recyclable materials
An ordinance requiring approval by the planning board of either subdivisions or site plans or both may include which elements?
o Provisions for off-tract water, sewer, drainage, and street improvements which are necessitated by a subdivision or land development
o Provisions for standards encouraging and promoting flexibility, and economy in layout and design through the use of planned unit development, planned unit residential development and residential cluster
o Provisions for planned development
o Provisions for development over a period of years, the protection of the interests of the public and others in the total completion of the development
o Provisions that require that no taxes or assessments for local improvements are due or delinquent
o Provisions for the creation of a Site Plan Review Advisory Board
o Provisions for standards governing outdoor advertising
o For subdivision ordinance: Provisions for minor subdivision approval
What does a GDP set forth?
the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio
What is the term of effect of an approved GDP?
20 Years
What may a GDP include?
o A general land use plan
o A circulation plan
o An open space plan
o A utility plan
o A storm water management plan
o An environmental inventory
o A community facility plan
o A housing plan
o A local service plan
o A fiscal report
o A proposed timing schedule
o A municipal development agreement,
How big of a parcel is required for a GDP?
100 acres
When is a GDP submitted?
Prior to preliminary site plan approval
How long does the planning board have to approve a GDP?
95 days
Once the GDP has been adopted what variations must receive prior approval of the planning board?
location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development
How is the GDP amended?
upon application by the developer approved by the planning board
What percent may a developer reduce the number of residential units, amount of non-residential floor space, or reduce the residential density or non-residential FAR?
15%
How shall the developer notify the administrative officer as a section of the GDP is completed?
by certified mail
How long does a developer have complete any section of the plan from the date listed in the GDP?
8 months
How long does a developer have to give evidence that he is fulfilling his obligations pursuant to the approved GDP if he misses his development deadline (and extra time)?
10 days
How long does a developer have to apply for preliminary approval after GDP approval?
Five years
When does GDP approval terminate?
With the completion of development
How long does the planning board have to grant or deny preliminary site plan approval for less than 10 acres or 10 dus?
45 days
How long does the planning board have to grant or deny preliminary site plan approval for 10 acres or more or more than 10 dus?
95 days
Planning board may waive notice and hearing for an application that conforms to the definition of what?
Minor site plan
How long does the planning board have to review a minor site plan or minor subdivision?
45 days
How long do the zoning regulations and terms and conditions of a minor site plan or minor subdivision at the time of approval last?
2 years
For what reason an a developer get an extension to a minor site plan or minor subdivision approval?
if the developer proves that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals.
How long of an extension can a developer get to a minor site plan or minor subdivision approval? When can he apply?
One year; A developer shall apply for this extension before what would otherwise be the expiration date, or the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later
When does the approval of a minor subdivision expire? or until what?
Approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless a plat or a deed is filed by the developer with the county recording officer, the municipal engineer and the municipal tax assessor
When may the period for filing a minor subdivision plat or deed be extended?
if the developer proves to the reasonable satisfaction of the planning board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued the required approvals.
How long does the planning board have to grant or deny preliminary approval for a major subdivision of 10 or fewer lots?
45 days
How long does the planning board have to grant or deny preliminary approval for a major subdivision of more than 10 lots?
95 days
What percentage of corporate or partnership ownership or interest must be listed for an application for permission to subdivide a parcel in to 6 or more lots, apply for a variance for a multi-family bldg with 25 units or more, and for commercial use applications?
10%
How long does a preliminary approval of a major subdivision or site plan remain in effect?
3 years
What may the applicant submit for final approval of a major subdivision or site plan before the expiration?
the whole or a section or sections of the preliminary subdivision plat or site plan
How long of an extension to a preliminary approval of a major subdivision or site plan approval may be granted? Except for an area of what?
additional periods of at least one year but not to exceed a total extension of two years
-an area of 50 acres or more, the planning board may grant extensions longer than three years,
When a planning board grants an extension on a preliminary approval after the expiration, when does the extension begin?
On the date of expiration
How long does the planning board have to grant or deny a final approval of a site plan or major subdivision?
45 days
What happens if a planning board fails to grant or deny final approval of a site plan or major subdivision within the required time?
shall constitute final approval
When does the planning board have the power to grant exceptions from the requirements of preliminary or minor subdivisions or preliminary site plans?
if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question
When simultaneously revising conditional uses, site plan, and subdivisions, how long does a municipal agency have to act?
The longest time period for action
How long shall the the zoning requirements remain unchanged following final approval of a site plan or major subdivision?
2 years
How long may a planning board extend the 2-year period of protection of final approval of a site plan or major subdivision?
may extend such period of protection for extensions of one year but not to exceed three extensions.
How long may a planning board extend the 2-year period of protection for a site plan or major subdivision of 150 acres or more or non-residential of 200,000 sf or more?
extensions longer than two years
What may the approving authority require (and shall receive) as a condition of final site plan approval or as a condition to the issuance of a zoning permit for the purposes of assuring the installation and maintenance of on-tract improvements?
Performance guarantees, not to exceed 120% of cost of installation and 15% for maintenance guarantee
When does the final approval of a major subdivision expire unless the plat has been filed by the developer with the County?
95 days
How long does the County recording officer have to notify the planning board that a plat has been filed?
7 days
How long does an administrative officer have to issue a certificate that lets a prospective purchaser know if the subdivision of the property was approved by the planning board?
15 days
Whenever the proposed development requires subdivision, site plan, or conditional use approval, but not a D variance, the planning board shall have the power to grant to the same extent and subject to the same restrictions as the ZBA what?
-C Variances
-Permit for a building in a road bed, public drainage way, flood basin, or public area
-Permit for a building or structure not related to a street
How may a developer bifurcate his application?
separate application for variance or direction of the issuance of a permit and subsequent application for subdivision, site plan, or conditional use. approval is conditioned on subsequent approvals.
How long does the planning board have to grant or deny approval for an application that includes subdivision, site plan, or conditional use including a request for a C Variance?
120 days
Who has the authority to adopt or amend a zoning ordinance?
The governing body
What is required to adopt a zoning ordinance?
The planning board adopting a land use and housing element of the master plan that the zoning is consistent with
Who may adopt an interim zoning ordinance?
The governing body
May zoning ordinances or amendment be adopted by referendum?
No
How are zoning ordinance or amendment hearings noticed? What does this exclude?
Properties within 200' of the existing and changed boundaries or classifications (military facility within 3000'), 10 days prior to the hearing by the municipal clerk either in person or by certified mail. except classification or boundary changes recommended in a master plan or reexamination
Who may file a protest against any proposed zoning ordinance or amendment?
20% of owners within the proposed area of change or within 200' feet of the proposed change
What is required to adopt a zoning ordinance if there is a protest filed?
2/3rds vote of the full membership of the governing body
Where shall family day care homes be permitted uses?
residential districts
Where shall child care centers be permitted uses?
In non-residential districts
How do child care centers count towards the density of a building?
they are excluded
What are methadone clinics considered for zoning purposes?
businesses
Where shall wind and solar facilities be permitted uses?
industrial zones
How long does a planning board have to grant or deny an application for a conditional use?
95 days
What happens when an ordinance creates a nonconforming use or structure?
It may continue upon the lot or in the structure and may be repaired or restored in the event of partial destruction
When shall the governing body create a zoning board of adjustment?
When they adopt a zoning ordinance (unless they have a joint land use board)
How many members shall the ZBA have? Who are they?
7, no more than 4 alternates, all municipal residents
How long are the terms for regular and alternate members?
4 years for regular; 2 for alternates
May members of the ZBA hold elected office or position under the municipality?
No
Where are the chair, vice chair, and secretary from?
Chair and vice chair are from the board, secretary may or may not be a member of the board or a municipal employee
Who may serve as temporary members of the ZBA?
Planning Board members
What are the four basic powers of the ZBA
-Appeal of zoning officer determination
-interpretation of zoning map or ordinance
-C (bulk) variance
-D (use) variance
What are the two types of C Variances?
C-1 Hardship Variance and C-2 (Flexible C) Variance
What is a C-1 Variance used for?
exceptional and undo hardship:
-by reason of exceptional narrowness, shallowness, or property shape
-by reason of exceptional topography or physical features
-by reason of extraordinary and exceptional situation uniquely affecting a piece of property
What is a C-2 Variance used for?
wherein an application would be advanced by a deviation from the zoning ordinance and the benefits of the deviation would substantially outweigh any detriment
What is a D Variance for?
Use:
-use or principal structure in a district restricted against such use
-expansion of a non-conforming use
-deviation from a conditional use
-increase in FAR
-increase in density (except for detached 1 or 2 unit bldgs or minor subdivision)
-height that exceeds 10 feet or 10% of the maximum height permitted
How many members' affirmative votes are required to pass a D Variance?
5 members (municipal board), 2/3rds (regional board)
No variance or other relief can be granted without showing what?
By showing that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance
How often does the ZBA produce a report of its decisions on applications and appeals for variances? How is the report memorialized?
One year; prepare and adopt by resolution, send copies of the report and resolution to the governing body and planning board
Who may appeal the decision of an administrative officer to the ZBA? How long do they have to file an appeal?
Any interested party affected by the decision, 20 days
How long does the ZBA have to render a decision on an appeal from an administrative officer or on a complete application?
120 days
The ZBA shall have the power to grant subdivision or site plan approval or conditional use approval whenever the proposed development requires approval of the ZBA for what?
D Variance
In a bifurcated application to the ZBA, is a five member affirmative vote required for the non-variance portion of the application?
No, it is what ever is required for that application (majority)
In a bifurcated application to the ZBA, does the board have 120 days to render a decision for the non-variance portion?
No, it is what is required for that type of application
Who may serve on a regional joint land use boards?
Representative from each constituent municipality (appointed by mayor) or county (freeholder appointed); may have someone from DEP appointed by the commissioner
A regional ZBA shall consist of how many members? How long is their term?
7 members; 4 years
To whom do you appeal the decision of a regional planning or zoning board of adjustment? When?
To the governing body of the municipality in which the land is situated within 10 days
How long does the governing body have to conclude a review of the record of a regional planning or zoning board?
95 days from the publication of the decision
What vote is required of the governing body to reverse, remand, or affirm with or without conditions a decision of a regional planning or zoning board?
affirmative vote of the majority of the full authorized membership of the governing body
In what County and how large is the Dismal Swamp Conservation Area?
Middlesex County (3 municipalities); 660 acres
How often shall the Master Plan be reexamined?
10 years
Who prepares and adopts the Master Plan reexamination and how?
Planning Board by resolution
Who shall receive a copy of the Master Plan Reexamination report and copy of the resolution?
County Planning Board
Who shall receive a notice that the Master Plan Reexamination Report and resolution have been prepared?
Adjoining Municipality's clerk
What shall a Master Plan Reexamination Report contain?
-last Reexam objectives
-how those problems/objectives have reduced or increased
-significant changes in underlying assumptions/conditions
-specific changes recommended for the Master Plan or development regulations
-recommendations concerning incorporating Redevelopment Plans
What shall the absence of the adoption of a reexam report constitute?
A rebuttable presumption that the municipal development regulations are no longer reasonable
May a municipality prohibit development while preparing a Master Plan or development regulations?
No (except when there is a clear imminent danger to the health of the inhabitants of the municipality - and for no more than 6 months)
Who is required to prepare a storm water control ordinance and storm water management plan? When?
Every Municipality, at the time they reexamine their Master Plan
What should municipalities coordinate their storm water management plan with?
Soil conservation districts
Other local and county SWMPs relating to local river basins
Shall solar panels be included in any calculation of impervious surface or cover?
No
What State Agency shall adopt regulations to protect the public safety with respect to storm water?
NJ DEP
Who approves storm water management plans?
County Planning Agency or County Water Resources Association
How may the governing body provide for a historic preservation commission?
By ordinance
How many people shall the HPC consist of?
5, 7, or 9 (no more than 2 alternates)
Who makes up a HPC?
At least 1 Class A member, 1 Class B members, and Class C members; Class A and B members must make up 1 less than the majority of the HPC
What is a Class A member of the HPC?
Knowledgeable in building design and construction or architecture history, may reside outside of the municipality
Who is a Class B member of the HPC?
Knowledgeable or with demonstrated interest in local history and who may reside outside the municipality
Who is a Class C member of the HPC?
Resident, no other municipal office or position except for Planning Board or ZBA
Whom appoints HPC members and alternates?
Mayor
What responsibilities shall the HPC have?
-historic site survey
-make recommendations on relevant Master Plan Elements
-advise PB + ZBA on development applications
-provide written reports on application of zoning board provisions
-promote historic preservation in the municipality
What shall the PB + ZBA refer to the HPC and when?
Every application for development in historic zoning districts or on historic sites; when application is deemed complete
If the PB or ZBA fails to refer an application to the HPC, does that invalidate any hearing or proceeding?
No
How does the HPC provide its advice on an application?
a member or staff person of the HPC testifies to PB + ZBA
Who may act in place of the full HPC in minor applications referred by the administrative officer?
HPC Chairperson
How long does the HPC have to review and report on an application?
45 days