Environmental Resource Inventory

Fourth Round Housing Element and Fair Share Plan

Third Round Housing Element and Fair Share Plan

The powers and responsibilities of the Planning Board are defined by the Municipal Land Use Law. The following are excerpts from the Municipal Land Use Law (New Jersey Statutes Annotated, Compiled as 40:55D - 1 et. seq. with amendments through the 1995 legislative session, updated October 1996).

No alternate member shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
L.1979, c. 216, s. 13.
40:55D-24. Organization of planning board
The planning board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who may or may not be a member of the planning board or a municipal employee, and create and fill such other offices as established by ordinance. It may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts, and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
L.1975, c. 291, s. 15, eff. Aug. 1, 1976.
40:55D-27. Citizens advisory committee; environmental commission
a. 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.
b. Whenever the environmental commission has prepared and submitted to the planning board and the board of adjustment an index of the natural resources of the municipality, the planning board or the board of adjustment shall make available to the environmental commission an informational copy of every application for development submitted to either board. Failure of the planning board or board of adjustment to make such informational copy available to the environmental commission shall not invalidate any hearing or proceeding.
L.1975, c. 291, s. 18, eff. Aug. 1, 1976. Amended by L.1977, c. 49, s. 1, eff. March 29, 1977.
40:55D-65. Contents of zoning ordinance
52. A zoning ordinance may:
a. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.
b. Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources.
c. Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of this act. The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may provide for the clustering of development between noncontiguous parcels and may, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.
d. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of this act shall apply to such improvements.
e. Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185 (C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185.
f. Provide for conditional uses pursuant to section 54 of this act.
g. Provide for senior citizen community housing.
h. Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
i. Provide for historic preservation pursuant to section 5 of P.L.1991 c.199 (C.40:55D-65.1).
L.1975,c.291,s.52; amended 1979,c.216,s.21; 1980,c.146,s.5; 1985,c.516,s.14; 1991,c.199,s.4; 1995,c.364,s.2.
40:55D-65.1. Zoning ordinance may designate, regulate historic sites, districts
5. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Designation and regulation pursuant to this section shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. Except as provided hereunder, after July 1, 1994, all historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the master plan. Until July 1, 1994, any such designation may be based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element of the master plan. The governing body may, at any time, adopt, by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the governing body are set forth in a resolution and recorded in the minutes of the governing body.
L.1991,c.199,c.5.

Planning Board Application

Affordable Housing Letter and Application

2021 Affordable Housing Income Limits

Street Opening Permit Application

The Municipal Land-Use Law (MLUL) is the legislative foundation of Planning Boards and Zoning Boards of Adjustment in the State of New Jersey. It defines the powers and responsibilities of boards and is essential to their functions and decisions.

A printed copy, The Municipal Land Use Law Book, contains the body of the law, and is available from the New Jersey Planning Officials.

The Municipal Land-Use Law is also available on-line, as are other New Jersey Statutes, at the New Jersey Permanent Statutes Database.

At the Statutes Database Query Screen, enter the citation in quotations.

For example, to find the statute starting at C.40:55D-1, enter " C.40:55D-1" The following examples are all valid search queries:

"2A:62A-1"
"18A:71-28"
"48:13A-7.1"
"52:27H-60"
"54:4-23.1"

Following is the Municipal Land-Use Law's Table of Contents, with citations:

 

MUNICIPAL LAND USE LAWFor official purposes, reference should be made to the New Jersey Statutes Annotated. 

ARTICLE 1. GENERAL PROVISIONS

C.40:55D-1. Short title.

C.40:55D-2. Purpose of the act.

C.40:55D-3. Definitions: A to C.

C.40:55D-4. Definitions: D to L.

C.40:55D-5. Definitions: M to 0.

C.40:55D-6. Definitions: P to R.

C.40:55D-7. Definitions: S to Z.

C.40:55D-8. Administrative procedures; fees.

C.40:55D-9. Meetings; municipal agency.

C.40:55D-10. Hearings.

C.40:55D-10.1 Informal review.

C.40:55D-10.2 Voting eligibility.

C.40:55D-10.3 When application for development deemed complete: waiver of defects.

C.40:55D-10.4 Approval of application for development by reason of failure of municipal agency to grant or deny approval within allowable time period.

C.40:55D-1 1. Contents of notice of hearing on application for development or adoption of master plan.

C.40:55D-12. Notice of applications.

C.40:55D-12.1 Notice of applications to public utilities, cable television companies and local utilities.

C.40:55D-12.2 Notification requirements by administrative officer to public utilities.

C.40:55D-12.3 Validity of hearings.

C.40:55D-13. Notice concerning master plan.

C.40:55D-14. Effect of mailing notice.

C.40:55D-15. Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or official map.

C.40:55D-16. Filing of ordinances.

C.40:55D-17. Appeal to the governing body; time; notice; modification; stay of proceedings.

C.40:55D-18. Enforcement.

C.40:55D-19. Appeal or petition in certain cases to the board of public utility commissioners.

C.40:55D-20. Exclusive authority of planning board and board of adjustment.

C.40:55D-21. Tolling of running of period of approval.

C.40:55D-22. Conditional approvals.

ARTICLE 2. MUNICIPAL PLANNING BOARD

C.40:55D-23. Planning board membership.

C.40:55D-23.1 Alternate members.

C.40:55D-23.2 Substitute members when conflicts exist

C.40:55D-24. Organization of planning board

C.40:55D-25. Powers of planning board.

C.40:55D-26. Referral powers.

C.40:55D-27. Citizens advisory committee; environmental commission.

ARTICLE 3. MASTER PLAN

C.40:55D-28. Preparation; contents; modification.

ARTICLE 4. CAPITAL IMPROVEMENTS PROGRAM AND PROJECT REVIEW

C.40:55D-29. Preparation of capital improvement program.

C.40:55D-30. Adoption of capital improvement program.

C.40:55D-31. Review of capital projects.

ARTICLE 5. THE OFFICIAL MAP

C.40:55D-32. Establish an official map.

C.40:55D-33. Change or addition to map.

C.40:55D-34. Issuance of permits for buildings or structures.

C.40:55D-35. Building lot to abut street.

C.40:55D-36. Appeals.

ARTICLE 6. SUBDIVISION AND SITE PLAN REVIEW AND APPROVAL

C.40:55D-37. Grant of power; referral of proposed ordinance; county planning board approval.

C.40:55D-38. Contents of ordinance.

C.40:55D-39. Discretionary contents of ordinance.

C.40:55D-40. Discretionary contents of subdivision ordinance.

C.40:55D-40.1 Site improvements standards - definitions.

C.40:55D-40.2 Legislative findings and declarations.

C.40:55D-40.3 Site improvement advisory board.

C.40:55D-40.4 Recommended statewide site improvement standards, model application form; waiver.

C.40:55D-40.5 Superseding local regulations; effective date.

C.40:55D-40.6 Zoning power intact.

C.40:55D-40.7 Exceptions.

C.40:55D-41. Contents of site plan ordinance.

C.40:55D-42. Contribution for off-tract water, sewer, drainage, and street improvements.

C.40:55D-43. Standards for the establishment of open space organization.

C.40:55D-44. Reservation of public areas.

C.40:55D-45. Findings for planned developments.

C.40:55D-45.1 General development plan duration.

C.40:55D-45.2 General development plan content.

C.40:55D-45.3 General development plan approval procedure.

C.40:55D-45.4 General development plan timing schedule modification.

C.40:55D-45.5 General development plan hearing on modifications required.

C.40:55D-45.6 General development plan on modifications not required.

C.40:55D-45.7 General development plan failure to complete or comply.

C.40:55D-45.8 General development plan satisfactory completion.

C.40:55D-46 Procedure for preliminary site plan approval.

C.40:55D-46.1 Notice of hearings.

C.40:55D-47. Minor subdivision.

C.40:55D-48. Procedure for preliminary major subdivision approval.

C.40:55D-48.1 Application by corporation or partnership; list of stockholders owning 10% of stock or 10% interest in partnership.

C.40:55D-48.2 Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership.

C.40:55D-48.3 Failure to comply with act; disapproval of application.

C.40:55D-48.4 Concealing ownership interest; fine.

C.40:55D-49. Effect of preliminary approval.

C.40:55D-50. Final approval of site plans and major subdivisions.

C.40:55D-5 1. Exception in application of subdivision or site plan regulation; simultaneous review and approval.

C.40:55D-52. Effect of final approval of a site plan or major subdivision.

C.40:55D-53. Guarantees required; surety; release.

C.40:55D-53.1 Deposits with municipality; escrow; interest.

C.40:55D-53.2 Escrow payments for professional services.

C.40:55D-53.3 Maintenance guarantees - limitations.

C.40:55D-53.2(A) Appeals

C.40:55D-53.4 Appeal procedure for disputed guarantee amounts.

C.40:55D-53.5 Performance guarantee - acceptance.

C.40:55D-53.6 Acceptance of certain public utilities.

C.40:55D-54. Recording of final approval of major subdivision; filing of all subdivision plots.

C.40:55D-54.1 Notification to tax assessor of municipality.

C.40:55D-55. Selling before approval; penalty; suits by municipalities.

C.40:55D-56. Certificates showing approval; contents.

C.40:55D-57. Right of owner of land covered by certificate.

C.40:55D-58. Condominiums and cooperative structures and uses.

C.40:55D-59 Repealed by L. 1983, c. 253, eff. July 7, 1983.

ARTICLE 7. ANCILLARY POWERS OF PLANNING BOARD

C.40:55D-60. Planning board review in lieu of board of adjustment.

C.40:55D-6 1. Time periods.

ARTICLE 8. ZONING

C.40:55D-62. Power to zone.

C.40:55D-62.1 Amendment to Zoning Ordinance

C.40:55D-63. Protest.

C.40:55D-64. Referral to planning board.

C.40:55D-65. Contents of zoning ordinance.

C.40:55D-65.1 Historic designations in zoning ordinances.

C.40:55D-66. Miscellaneous provisions; model homes; public and private day schools; placement of foster children in single family dwellings.

C.40:55D-66.1 Community residences for developmentally disabled.

C.40:55D-66.2 Definitions.

C.40:55D-66.3 Severability

C.40:55D-66.4 Family day care permitted use.

C.40:55D-66.5a. Legislative findings and declarations.

C.40:55D-66.5b. Family day care homes, unlimited use in residential districts.

C.40:55D-66.6 Child care centers; unlimited use in nonresidential districts.

C.40:55D-66.7 Child care centers; exclusion of floor space from density calculations in nonresidential developments.

C.40:55D-66.8 Siting of structure/equipment for groundwater remedial action deemed essential.

C.40:55D-66.9 Variances for structure/equipment used in groundwater remedial action.

C.40:55D-67. Conditional uses. site plan review.

C.40:55D-68. Nonconforming structures and uses.

C.40:55D-68.1 Hotels, guest houses, rooming houses and boarding houses in certain municipalities bordering on Atlantic Ocean; operation on full-year basis.

C.40:55D-68.2 Proposal by owners to increase operation to full-year basis; submission of information that it is not prohibited; review; determination.

C.40:55D-68.3 Filing of false information; penalty.

ARTICLE 9. ZONING BOARD OF ADJUSTMENT

C.40:55D-69. Zoning board of adjustment.

C.40:55D-69.1 Substitute members when conflicts exist.

C.40:55D-70. Powers.

C.40:55D-70.1 Annual report on variances heard by zoning board.

C.40:55D-70.2 Appeals of actions affecting historic designations.

C.40:55D-71. Expenses and costs.

C.40:55D-72. Appeals and applications to board of adjustment.

C.40:55D-72.1 Continuance of application for development submitted prior to municipality establishing single board.

C.40:55D-73. Time for decision.

C.40:55D-73.1 Repealed by L. 1984, c. 20, § 15, eff. July 1, 1984.

C.40:55D-74. Modification on appeal.

C.40:55D-75. Stay of proceeding by appeal; exception.

C.40:55D-76. Other powers.

ARTICLE 10. JOINT EXERCISE OF POWERS OF PLANNING AND LAND USE CONTROL

C.40:55D-77. Generally.

C.40:55D-78. Terms of joint agreement.

C.40:55D-79. Membership of regional boards.

C.40:55D-80. Organization of regional boards; rules and procedures.

C.40:55D-81. Expenses; staff and consultants.

C.40:55D-82. Sharing of costs and expenses.

C.40:55D-83. Termination of agreement.

C.40:55D-84. Regional planning board; powers.

C.40:55D-85. Regional board of adjustment.

C.40:55D-85.1 Appeal to the governing body of regional board decision; time; notice; modification; stay of proceedings.

C.40:55D-86. Appointment of joint building officials, zoning officers and planning administrative officers.

C.40:55D-87. Joint administrative functions.

C.40:55D-88, Delegation to county, regional and interstate bodies.

ARTICLE 11. PERIODIC REEXAMINATION OF MUNICIPAL PLANS AND REGULATIONS

C.40:55D-89. Periodic examination.

C.40:55D-89.1 Rebuttable presumption for failure to adopt reexamination report.

C.40:55D-90. Moratoriums; interim zoning.

ARTICLE 12. SEVERABILITY, CONSTRUCTION AND EFFECTIVE DATE

C.40:55D-91. Severability of provisions.

C.40:55D-92. Construction.

ARTICLE 13. STORM WATER MANAGEMENT PLAN

C.40:55D-93. Storm water plans and ordinances.

C.40:55D-94. Relationship to master plan.

C.40:55D-95. Requirements.

C.40:55D-95.1 Safety requirements for storm water detention facilities.

C.40:55D-96. Exceptions.

C.40:55D-97. County approval.

C.40:55D-98. Funding.

C.40:55D-99. Technical assistance.

ARTICLE 14. MANUFACTURED HOMES

C.40:55D-100. Short title.

C.40:55D-101. Legislature findings and policy.

C.40:55D-102. Definitions.

C.40:55D-103. Manufactured homes allowed on land owned by homeowner.

C.40:55D-104. Development regulations not to restrict or exclude manufactured homes.

C.40:55D-105. Development regulations to be reviewed or approved to encourage mobile home parks.

C.40:55D-106. Trailers excluded.

C.40:55D-107. Historic preservation commission.

C.40:55D-108. Expenses and costs.

C.40:55D-109. Responsibilities.

C.40:55D-110. Referrals by planning board and board of adjustment.

C.40:55D-111. Designation and regulation of historic sites or districts by ordinance; reference of application for issuance of permits to commission; report for grant, conditional grant or denial.

C.40:55D-112. "Landmark" as substitute for "historic"; "historic preservation' and "historic site".

ARTICLE 15. TRANSFER OF DEVELOPMENT RIGHTS

C.40:55D-113. Short title.

C.40:55D-114. Legislative findings and declarations.

C.40:55D-115. Definitions.

C.40:55D-1 16. Municipalities in Burlington County; transfer of development; ordinance; approval; technical assistance by office of state planning.

C.40:55D-117. Preparation of reports and plans prior to adoption of development transfer ordinance.

C.40:55D-118. Sending and receiving zones; designation in ordinance; characteristics; municipal planning board to direct program.

C.40:55D-119. Contents of ordinance.

C.40:55D-120. Submission for review and approval of development transfer ordinance by county planning board, county agriculture development board and Pinelands Commission.

C.40:55D-121. Recommendation to approve or not; statement of reasons for failure to approve; failure to resolve; review and approval by office of state planning.

C.40:55D-122. Development transfers; recordation; transmittal of information to assessor; assessment; exemption from recording files.

C.40:55D-123. Review of ordinance subsequent to enactment; repeal unless conditions met.

C.40:55D-124. Repeal of development transfer ordinance; amendment of master plan; inapplicability to restrictions.

C.40:55D-125. Development transfer banks.

C.40:55D-125.1 Development transfer bank; buffer zone

C.40:55D-126. Sale by county of development potential associated with development easement.

C.40:55D-127. Substitution of equitable interest for cash sale price by sending zone transferor or receiving zone transferee; recordation of contract or conveyance.

C.40:55D-128. Agricultural land; right to farm benefits.

C.40:55D-129. Annual report by municipality; analysis by county planning board; submission to state planning commission and state officers.

ARTICLE 16. EXTENSION OF PERMITS

C.40:55D-130. Short Title.

C.40:55D-131. Legislative findings.

C.40:55D-132. Definitions.

C.40:55D-133. Extension of government approvals scheduled to expire during economic emergency exceptions.

C.40:55D-134. Extension of project exemptions; freshwater wetlands; automatic extensions.

C.40:55D-135. Notice of extensions of approvals.

C.40:55D-136. Construction of act.

*ADDENDUM

C.52:27D-310. Mandatory contents of housing element.

 

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The Planning Board and its Relationship to the Environmental Commission

Schedule of Limitations

Draft Master Plan Reexamination Report

2025 Farm Comp of MP

2025 Farmland Signed 12.9.25