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PP Exam > Municipal Land Use Law (MLUL) > Flashcards

Municipal Land Use Law (MLUL) Flashcards

1
Q

Time for a planning board to adopt of memorializing resolution

A

45 days

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2
Q

Time during which plans are to be on file prior to hearing

A

10 days

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3
Q

Time for board to mail a copy of its decision to applicant/attorney

A

10 days

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4
Q

Time for board to certify complete application

A

45 days

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5
Q

Notice period for adoption of master plan (publication/mailing)

A

10 days

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6
Q

Time for an administrative officer to issue a certified list of property owners following applicant’s request

A

7 days

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7
Q

Time to file master plan or ordinance with county planning board after adoption

A

30 days

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8
Q

Time for County planning board to certify ordinance filed by a municipality

A

10 days

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9
Q

Time to appeal decision of the governing body

A

10 days

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10
Q

Time for governing body to decide an appeal of a zoning board decision.

A

95 days

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11
Q

Time for planning board to refer zoning ordinance recommendation to governing body

A

35 days

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12
Q

Term of capital improvement budget

A

6 years

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13
Q

Max term for approval of a General Development Plan

A

20 years

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14
Q

Time for board action on a General Development Plan

A

95 days

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15
Q

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

A

95 days

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16
Q

Time for board action on a minor site plan

A

45 days

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17
Q

Time of protection of an approved minor site plan

A

2 years

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18
Q

Time for board action on a minor subdivision plan

A

45 days

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19
Q

Time after which minor subdivision approval expires unless perfected

A

190 days

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20
Q

Period of protection against zoning changes for a minor subdivision

A

2 years

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21
Q

Time for board action on preliminary subdivision application of 10 or fewer lots

A

45 days

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22
Q

Time during which statutory rights exist under a preliminary major subdivision approval

A

3 years

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23
Q

Time during which a final approval shall be granted or denied

A

45 days

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24
Q

Time during which the rights conferred upon a developer shall not be changed upon final approval, generally

A

2 years

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25
Q

Time for a zoning board to issue an interpretation of a zoning map or ordinance

A

120 days

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26
Q

How often must a zoning board make a report on zoning matters to the governing body and planning board?

A

annually

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27
Q

Time for a planning board to decide on a conditional use application

A

95 days

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28
Q

Time for a planning board to decide on a bulk “C” variance application

A

120 days

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29
Q

Time to make an appeal of an Administrative Officer’s decision to the Zoning Board

A

20 days

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30
Q

How many members on a Planning Board?

A

7 to 9 (by ordinance)

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31
Q

How many members on a Zoning Board?

A

7

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32
Q

How many alternates on a Planning Board?

A

2 or 4 (by ordinance)

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33
Q

Class I members include:

A

mayor or mayor’s designation (duration of term)

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34
Q

Class II members include:

A

a municipal official other than a member of the governing body (1 year term)

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35
Q

Class III members include:

A

a member of the governing body (1 year term, elected by the body)

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36
Q

Class IV members include:

A

citizens (4 years)

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37
Q

Board chair/vice chair include:

A

Class IV members elected by the board

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38
Q

Powers of a Zoning Board

A
  • 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
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39
Q

C(1) Variance

A

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

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40
Q

C(2) Variance

A

“flexible C” variance, where:

  • variance promotes one or more purposes of the MLUL
  • potential benefits outweigh potential detriments

requires a majority vote to approve

41
Q

D(1) Variance

A

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
42
Q

D(2) Variance

A

expansion of a nonconforming use

  • board may rely on aesthetic reasons alone (since expansion is not as serious as new, see Burbridge)
43
Q

D(3) Variance

A

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
44
Q

D(4) Variance

A

exceeding max FAR

  • applicant must demonstrate that the site can accommodate problems associated with nonconforming FAR
45
Q

D(5) Variance

A

exceeding max density

  • applicant must demonstrate that the site can accommodate problems associated with nonconforming density
46
Q

D(6) Variance

A

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
47
Q

Master Plans must be reexamined every….

A

10 years

48
Q

A Zoning Ordinance shall provide …

A
  • 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
49
Q

A Zoning Ordinance may provide for….

A
  • buildings, bulk, and use
  • TDR and cluster development
  • performance/design standards
  • nonconforming uses
  • conditional uses
50
Q

Site Plan Specific Standards must include:

A
  • preservation of natural resources
  • circulation, parking, and loading
  • screening, landscaping, and location of structures
  • lighting
  • energy conservation
  • recycling
51
Q

How many members on a Historic Preservation Commission?

A

5, 7, or 9

52
Q

What are Class A Historic Preservation Commission members?

A
  • persons demonstrating knowledge/interest in buildings
  • may reside outside the municipality
53
Q

What are Class B Historic Preservation Commission members?

A
  • persons demonstrating knowledge/interest in history
  • may reside outside the municipality
54
Q

When do municipalities have to adopt a Stormwater Management Plan?

A
  • Within 1 year after NJDEP adopts revised Stormwater Management Rules

OR

  • during the next Master Plan Reexamination Report
    (whichever is later)
55
Q

How long do municipalities have to adopt a Stormwater Management Ordinance?

A

1 year from adoption of a Stormwater Management Plan

56
Q

The Affordable Housing Act of 1983 addresses what?

A
  • 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)
57
Q

A historic preservation plan element mainly provides for…

A

local designation of historic sites/districts by a historic preservation commission

58
Q

Sica v. Twp of Wall

A

established 4-part test for inherently beneficial uses:

  1. Evaluate the public interest served by the inherently beneficial use;
  2. Identify any adverse consequences of granting the variance;
  3. Consider conditions which might be imposed to mitigate any adverse consequences; and
  4. Balance the public interest in granting the variance versus the adverse impact
59
Q

Minimum size of a combined Planning/Zoning Board

A

9 members

60
Q

What are the requirements to establish a combined Planning/Zoning Board?

A
  • May be created by ordinance if population is 15,000 or less
  • May be created by referendum in any size town
61
Q

Who cannot participate in “D” variance applications in a combined Planning/Zoning Board?

A

Any elected officials (Class I and Class III)

62
Q

What must a recycling plan element provide for?

A

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
63
Q

Number of multi-family or family units to be constructed for which an ownership disclosure statement must be filed in a variance application

A

25 or more units

64
Q

Fine for concealing names on disclosure list

A

$1,000 to $10,000

65
Q

Number of lots to be subdivided requiring list of corporate stockholders or interested partnerships

A

6 or more lots

66
Q

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

A

6 years

67
Q

Percentage of ownership which triggers a requirement for disclosure

A

10%

68
Q

Types of sites requiring list of stockholders

A

Commercial

69
Q

Time for board action on preliminary site plan approval where plan involves 10 acres of land or less, or 10 dwelling units or less

A

45 days

70
Q

Time for County Planning Board Secretary certification of filed ordinance

A

10 days

71
Q

Time after filing a plat during which the County Recording Officer is to notify the Planning Board and municipal tax assessor of its filing

A

7 days

72
Q

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

A

15 days

73
Q

Percentage of the cost of installation for which a performance guarantee may be required

A

120%

74
Q

Maximum percentage of the cost of improvements that a municipality may require as a maintenance guarantee

A

15%

75
Q

Maximum time period for which a maintenance guarantee shall be posted

A

2 years

76
Q

Minimum amount to which the municipality may reduce the performance guarantee to insure the completion of improvements

A

30%

77
Q

Amount in excess of which a deposit with the municipality must be placed in an interest bearing account

A
78
Q

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

A

20%

79
Q

Time for a Zoning Board to make a decision

A

120 days

80
Q

Maximum number of one-year extensions to a final approval granted by a board

A

3

81
Q

Number of acres of Planned Development which may receive final protection longer than two years

A

50 acres

82
Q

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

A

200,000 sf

83
Q

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

A

1 year

84
Q

Maximum number of alternate members on a Historic Preservation Commision

A

2

85
Q

Term of Class IV member

A

4 years

86
Q

Term of Class I member

A

duration of mayoral term

87
Q

Term of Class II member

A

1 year

88
Q

Term of Class III member

A

1 year

89
Q

Maximum number of alternate members on a Zoning Board

A

4

90
Q

Number of alternate members on a Planning Board

A

4

91
Q

Length of basic course in land use law and planning

A

5 hours

92
Q

Time for an appointed board member to complete the basic course in land use law and planning before assuming/retaining board membership

A

18 months

93
Q

What are Class C Historic Preservation Commission members?

A

Citizens who:

  • may not hold public office
  • may be on the Planning Board or Zoning Board
94
Q

When can alternate members of any board participate or vote?

A
  • may participate in any matter
  • may only vote in the absence of the respective member
95
Q

Duties of a Historic Preservation Commission…

A
  • 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
96
Q

What are the negative criteria for a variance?

A

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
97
Q

What standards are discretionary in a subdivision and site plan ordinance, genrally?

A
  • planned development
  • cluster development
  • off-tract improvements
  • requiring up to date taxes
  • performance guarantees
98
Q

How is off-tract defined?

A
  • Not located on the property subject of an application; and
  • not located on the closest half of an abutting right of way
99
Q

How is off-site defined?

A
  • 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

PP Exam (14 decks)

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