New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM
Subchapter 3 - MANDATORY CURRICULUM OF TRAINING PROGRAM
Section 5:87-3.2 - Overview of board responsibilities and differences between the boards
Universal Citation: NJ Admin Code 5:87-3.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The purpose of the segment of the training course entitled "overview of board responsibilities and differences between the boards" is to provide a focused view of the primary responsibilities for each board (planning boards, zoning boards and combined boards) as set forth in the Municipal Land Use Law, 40:55D-1 et seq. (MLUL), and to identify the differences between the boards. The mandatory topics to be covered in this segment of the Training Course include:
1. The difference between planning boards,
zoning boards and combined boards;
2. The authority for board action, including
the MLUL, the Local Redevelopment and Housing Law
40A:12A-1 et seq., local
ordinances passed pursuant to the MLUL, and board by-laws;
3. Board membership;
4. The purposes of public planning;
5. The planning process and an overview of
the New Jersey planning system;
6.
The relationship of boards to other local entities, including, but not limited
to, the governing body, environmental commission, historic preservation
commission, board of education, and the local administration including the town
administrator and the fire, health, police, emergency management and building
officials;
7. The primary
responsibilities of the planning board, including approval of, and amendment
to, the master plan, conducting a master plan re-examination report,
recommendations as to the official map or any amendment thereto, declaring an
"area in need of redevelopment" and reviewing proposed redevelopment plans,
preparation of the capital improvement program, and the development and/or
review of site plan, subdivision and zoning ordinances;
8. The primary responsibilities of the zoning
board, including the grant of variances from the zoning ordinance,
interpretation of the zoning ordinance, decisions on appeals of alleged errors
of administrative officers' interpretation of the zoning ordinance, and
preparation of an annual report;
9.
Conflicts of interest set forth in N.J.S.A. 40:55D-23b, applicable to planning
boards, and
40:55D-69, applicable to boards of
adjustment;
10. The requirements of
the Local Government Ethics Law, in which every municipal board member and
employee must file a financial disclosure statement pursuant to
40A:9-22.4; and
11. Upholding the requirements of the Open
Public Meetings Act or "Sunshine Law,"
10:4-6 et seq., including
scheduling and noticing meetings; conducting open and closed meeting sessions;
and consequences of violating the Sunshine Law.
(b) In the course of covering the topics in the section, the approved course shall identify and describe:
1. The contents of a master plan;
2. The contents of a site plan;
3. The contents of a subdivision and zoning
ordinance;
4. The relationship of
the master plan to a zoning ordinance;
5. A variance and a waiver; and
6. The differences between C and D variances
and permitted, non-conforming and conditional uses.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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