County planning boards also derive power from new jerseys municipal land use law mlul. Any business other than a sole proprietorship may require representation by counsel per nj state law. There are fees for land use applications and for board professionals. Andover land use board the land use board has the responsibility to guide development in the township in accordance with the nj municipal land use law and other state and local regulations.
The following provides a brief overview of new jerseys current regulatory landscape and its significance with respect to the protection of franklin townships natural resources. Presented in cooperation with the njsba land use section and the new jersey chapter of the american planners association. New jersey permanent statutes title 40 municipalities and. Under new jerseys municipal land use law mlul, any nonconforming use or structure lawfully existing at the time of the passage of an ordinance making the use or structure nonconforming. The planning board shall follow the provisions of the municipal land use law, and have authority to. Basic building, planning and zoning rules in the state of. Cox was general counsel emeritus to the new jersey planning officials, past president of the new jersey institute of municipal attorneys, now known as the new jersey institute of municipal law officers, and a member from its inception of the municipal land use law drafting committee, serving as chairman of the committee from 1993 to 1998. The master plan will contain the following sections, according to the requirements set out by the municipal land use law mlul.
How the municipal land use law and municipal master plan. Words and terms found in the municipal land use law, and defined here for convenience, have been designated by the use of mlul following their meaning. Prohibition of use by municipal agency of discriminatory development. Join our mailing list to receive the latest official news, updates and important notifications during the covid19 emergency. Please follow the link to be directed to the township of millburns ordinances. Subscribe to the official bethlehem township electronic mailing list. Map filing law 2 if the land surveyor who prepares the map is different than the land. New jersey permanent statutes title 40 municipalities. The municipal landuse law mlul is the legislative foundation of planning boards and zoning boards of adjustment in the state of new jersey. Land use boards and municipal officials resource library. The commissions intent in this report is not to change the law defining when a land use variance may be granted but to clarify it. On february 20, 2018 kang haggerty and fetbroyt llc published a memorandum on the new municipal land use law. Recent nj appellate court decision creates conditional use.
Basic course in land use law and planning training course questions and answers what is the purpose of the course. Words and terms found in the municipal land use law, and defined here for convenience, have been designated. The city of linden is opening the tax collectors office on saturday december 30, 2017 from 9. The municipal land use law mlul requires an applicant to prove both positive and negative criteria to obtain a use variance. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is located a master deed executed and acknowledged by all. In response to requests for information on the sections of the mlul pertaining. Established under the new jersey municipal land use law, the planning board is a quasijudicial body. The planning board is responsible for the preparation of the master plan and its reexamination, which may be adopted or amended by the board only after a public hearing. As part of coded systems merger with general code, we are in the process. The municipal land use law mlul is the legislative foundation of planning boards and zoning boards of adjustment in the state of new jersey. If a site does not comply with a conditional use separation distance requirement, a d variance will be required pursuant to the new jersey municipal land use law.
On january 15, 2018, new jersey governor chris christie signed into law senate bill no. Justia us law us codes and statutes new jersey code 2009 new jersey code title 40 municipalities and counties 40. The municipal land use law provides consistency, uniformity, and predictability in the development. Prepare, adopt, and amend a master plan or component. South plainfield borough middlesex county, new jersey. In new jersey, conditional use ordinances are specifically permitted by the municipal land use law, n. Any questions regarding specific legal issues and legal counseling should be directed to a qualified attorney. Nj clerks desk reference important news for coded systems clients. The new jersey planning officials mlul study guide page 2 portions of the municipal land use law 40.
State of new jersey by analyzing the boundaries and parameters the. Certain local land use actions that affect intermunicipal, county or state interests must be referred to and commented on by county or regional planning boards before they are taken by cities, towns and villages. New jersey planning and zoning administration program this series of courses is intended to meet the educational needs of those municipal employees who are the designated administrative officers in accordance with the new jersey municipal land use law, n. Due to an executive order from governor christie concerning the prepayment of 2018 of property taxes. The planning board shall follow the provisions of the municipal land use law and this chapter, and accordingly shall have authority to. The municipal land use law book, available from njpo, contains the body of the law itself. Performance and maintenance guarantees ensure that improvements required to be made by a developer under a development approval are completed and maintained. A conditional use is a use permitted anywhere in a zone subject to demonstration of compliance with specific conditions applicable solely to that use. In new jersey, land use planning may be delegated to municipalities. Pace university school of law land use law center plans and the adoption of land use regulations. Appeals court questions municipal ordinances on abandonment of nonconforming use. Hear and decide requests for interpretation of the zoning map or zoning regulations or for decisions upon other special questions upon which the board is authorized to pass by any zoning regulation or official map regulation, in accordance with the municipal land use law. To encourage municipal action to guide the appropriate use or development of alllands in this state, in a manner which will promote the public. When making decisions, the board must take into consideration the township master plan, new jersey municipal land use law and case law.
It defines the powers and responsibilities of boards and is essential to their functions and decisions. Basic course in land use law and planning new jersey. Short title this act may be cited and referred to as the municipal land use law. Mlul, is a versatile and comprehensive enabling statute that confers the following authority upon a municipality. Mlul means the new jersey municipal land use law under which municipalities are enabled to enact a master plan and land use ordinances. Change in municipal land use law in new jersey business. This case is noteworthy because new jerseys municipal land use law, the statutory framework for real estate development in new jersey, does not expressly define what constitutes a partial destruction. New jersey institute for continuing legal education a. Local government may adopt a zoning ordinance and establish a zoning board of adjustment to hear and decide variance requests and. Regulatory landscape new jersey municipal land use law. The township of millburn planning board last updated its master plan in june, 1985, with an amendment in early 1987 to adopt the housing element, as required under the fair housing act and the municipal land use law.
Municipal land use law mlul new jersey planning officials. The course provides a basic understanding of the role and responsibility of members and alternative members of municipal planning boards, zoning boards of adjustment and combined boards. Official page of newark, nj planning and zoning department. In new jersey, municipalities are given zoning authority by a state statute called the municipal land use law mlul. We want to make sure you receive the practical information that you will need to perform your duties as a board member. March 6, 2017 this bill would modify the requirements for furnishing performance and maintenance guarantees under the municipal land use law. Be it enacted by the senate and general assembly of the state of new jersey. Planning board glossary of terms bernards township. The municipal land use law establishes the legal requirement and criteria for the preparation of a master plan. Condominium law new jersey division of consumer affairs. An understanding of article 18 is important because violations of the statute can result in civil and. This article will examine municipal land use laws mlul in the. The information on this website is not intended, and shall not be used, as a substitute for consultation with legal counsel. A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic an social development of the township are based.
New jersey law journal books are your onestop shop for expert legal resources with. By incorporating the municipal land use law in its site plan ordinances, a municipality effectuates the. Basic building, planning and zoning rules in the state of new jersey introduction. Any nonconforming use or structure existing at the. How the municipal land use law and municipal master plan shape the municipal zoning ordinance. Nj state planning 1997 municipal land use law 1 new jersey permanent statutes title 40 municipalities and counties 40. We recommend that you call ahead to schedule a meeting so that the zoning officer can answer your questions. Rebuilding nonconforming structures a new jersey case. The grounds for a variance are explained in court decisions interpreting 40. Land bank property that is sold, leased, or conveyed 17 by a land bank entity, shall be subject to ordinances adopted 18 pursuant to the municipal land use law, p. He has extensive experience in all aspects of real estate development and has guided clients through land use procedures and approvals in connection with all types of development projects, including data centers, waterfront developments, cell towers, single family and multifamily residential projects, commercial development, office buildings. Zoning compliance tips for nj medical marijuana facilities.
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