Zoning Officer questions

MLUL laws

What is MLUL N.J.S.A 40:55 D-1

adopted state legislature in 1975, delegating land use, zoning, and development regulation authority to municipalities

Zoning Goal

promote the public health, safety, welfare, promote a desirable visual environment, provide adequate air, open space

Who can adopt a master plan?

Only the Planning Board

What are elements in the master plan?

1.statement of objective, principles, and policies

2. land use plan

3. housing plan

How often is the Master plan reevaluated?

10 years or else the zoning ordinance loses presumption of validity in court

Who adopts the Zoning Ordinance

The governing body

How long does a major subdivision have to be approved

45 days for 10 or less lots, 95 days for 10 or more lots

What does a minor subdivision not need?

a hearing

Roles of the Planning Board

Master Plan

subdivisions, site plans, and general development plans

condtional uses

official map- utility lines, actual streets

Roles of the Zoning Board of Adjustment

certificates of non-conformities

(a) appeals decisions of the zoing officer

(b) interpretation of zoning ordinance

© bulk or “C” variances

(d) use or “D” variances

Types of “C” variances

c(1) Hardship

c(2) balancing test aka flexiability test

Types of “D” variances

D(1) use or principal structure not permitted in the zone

D(2) expansion of non-conforming use

D(3) deviation from specification or standard for conditional use

D(4) increase in permitted floor area ratio

D(5) increase in permitted density

D(6) height of principal structure

Zoning Officer cannot be held personally liable, what is that called

Qualified immunity

What can get a zoning officer in trouble

acts out of scope of authority

acts in a malicious, fraudulent, or criminal manner, or engages in willful misconduct

Zoning Officer Duties

issue permits & certificates

zoning permit

subdivision certificate

certificates of non-conformity (only for 1 year)

How many days does a zoning officer have to grant a permit before it becomes automatic

10 business days

Land use

element guides zoning ordinance

Zoning Board

20 days to appeal a zoning officer

45 days to appeal, master plan

Accessory use

incidental and subordinate to principal use, customarily so