N.J. Admin. Code § 5:87-3.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:87-3.2 - Overview of board responsibilities and differences between the boards

(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.

N.J. Admin. Code § 5:87-3.2