UNICIPAL AND SE AW - New Jersey sections of the Municipal Land Use Law relevant to historic preservation planning and zoning and the creation of municipal Historic Preservation Commissions.

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C. 40:55D-25POWERS OF PLANNING BOARD

A. The planning board shall follow theprovisions of this act and shall accordinglyexercise its powers in regard to:(1) The master plan pursuant to article 3;

(2) Subdivision control and site planreview pursuant to article 6;

(3) The official map pursuant to article 5;

(4) The zoning ordinance includingconditional uses pursuant to article 8;

(5) The capital improvements programpursuant to article 4;

(6) Variances and certain building permitsin conjunction with subdivision, siteplanand conditional use approval pursuantto article 7.

B. The planning board may:(1) Participate in the participation and

review of programs or plans requiredby State or Federal law or regulation;

(2) Assemble data on a continuing basis aspart of a continuous planning process;and

(3) Perform such other advisory duties asare assigned to it by ordinance or

resolution of the governing body for theaid and assistance of the governingbody or other agencies or officers.

C. In a municipality having a population of2,500 or less, a nine-member planningboard, if so provided by ordinance, shallexercise, to the same extent and subject tothe same restrictions, all the powers of aboard of adjustment; but the Class I and theClass III members shall not participate inthe consideration of applications fordevelopment which involve relief pursuant tosubsection d. of section 57 of the act L. 1975C. 291 (C.40:55D-70).

D. In a municipality having a population of2,500 or less, the planning board, if soprovided by ordinance, shall exercise, to thesame extent and subject to the samerestrictions, all of the powers of a historicpreservation commission, provided that atleast one planning board member meets thequalifications of a Class A member of ahistoric preservation commission and at

INTRODUCTIONMUNICIPALITIES IN NEW JERSEY obtain their authority to identify, evaluate, designate, and regulatehistoric resources (individual sites and districts) from the Municipal Land Use Law (MLUL), theenabling legislation for municipal land use and development planning, zoning, and, since 1986, historicpreservation zoning. In response to requests for information on the sections of the MLUL pertainingto historic preservation zoning, the Historic Preservation Office (HPO) is excerpting and printing thefollowing sections of the Municipal Land Use Law relevant to historic preservation planning andzoning and the creation of municipal Historic Preservation Commissions. The HPO has also provideda description of the requisites for participation in the Certified Local Government (CLG) program.

MUNICIPAL LAND USE LAWNew Jersey Statutes Annotated Historic Preservation Related Sections

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION • NATURAL & HISTORIC RESOURCES • HISTORIC PRESERVATION OFFICE

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least one member meets the qualifications ofa Class B member of that commission.

C. 40:55D-28MASTER PLAN; PREPARATION; CONTENTS; MODIFICATION

A. The planning board may prepare and, afterpublic hearing, adopt or amend a masterplan, or component parts thereof, to guidethe use of lands within the municipality in amanner which protects public health andsafety and promotes the general welfare.

B. The master plan shall generally comprise areport or statement and land use anddevelopment proposals, with maps, diagramsand text, presenting, at least the followingelements (1) and (2) and, where appropriate,the following elements (3) through (12):(1) A statement of objectives, principles,

assumptions, policies and standardsupon which the constituent proposalsfor the physical, economic and socialdevelopment of the municipality arebased;

(2) A land use plan element (a) taking intoaccount and stating its relationship tothe statement provided for insubsection (1) hereof, and other masterplan elements provided for inparagraphs (3) through (12) hereof andnatural conditions, including, but notnecessarily limited to, topography, soilconditions, water supply, drainage,flood plain areas, marshes, andwoodlands, (b) showing the existingand proposed location, extent andintensity of development of land to beused in the future for varying types ofresidential, commercial, industrial,agricultural, recreational, educationaland other public and private purposesor combination of purposes; and statingthe relationship thereof to the existingand any proposed zone plan and zoningordinance; and (c) showing the existingand proposed location of any airportsand the boundaries of any airportsafety zones delineated pursuant to the“Air Safety and Zoning Act of 1983,’’P.L. 1983, c. 260 (C. 6:1-80 et seq.);and (d) including a statement of thestandards of population density anddevelopment intensity recommendedfor the municipality;

(3) A housing plan element pursuant tosection 10 of P.L. 1985, c. 222 (C.52:27D-310)(See *Addendum*),including, but not limited to,

residential standards and proposals forthe construction and improvement ofhousing;

(4) A circulation plan element showing thelocation and types of facilities for allmodes of transportation required forthe efficient movement of people andgoods into, about, and through themunicipality, taking into account thefunctional highway classificationsystem of the Federal HighwayAdministration and the types,locations, conditions and availability ofexisting and proposed transportationfacilities, including air, water, road andrail;

(5) A utility service plan element analyzingthe need for and showing the futuregeneral location of water supply anddistribution facilities, drainage andflood control facilities, sewerage andwaste treatment, solid waste disposaland provision for other related utilities,and including any storm watermanagement plan required pursuant tothe provisions of P.L. 1981, c. 32(C.40:55D-93 et seq.);

(6) A community facilities plan elementshowing the existing and proposedlocation and type of educational orcultural facilities, historic sites,libraries, hospitals, firehouses, policestations and other related facilities,including their relation to thesurrounding areas;

(7) A recreation plan element showing acomprehensive system of areas andpublic sites for recreation;

(8) A conservation plan element providingfor the preservation, conservation, andutilization of natural resources,including, to the extent appropriate,energy, open space, water supply,forests, soil, marshes, wetlands,harbors, rivers and other waters,fisheries, endangered or threatenedspecies wildlife and other resources,and which systematically analyzes theimpact of each other component andelement of the master plan on thepresent and future preservation,conservation and utilization of thoseresources;

(9) An economic plan element consideringall aspects of economic developmentand sustained economic vitality,including (a) a comparison of the typesof employment expected to be providedby the economic development to bepromoted with the characteristics ofthe labor pool resident in themunicipality and nearby areas and (b)an analysis of the stability and diversity

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of the economic development to bepromoted;

(10) A historic preservation plan element:(a) indicating the location andsignificance of historic sites andhistoric districts; (b) identifying thestandards used to assess worthiness forhistoric site or district identification;and (c) analyzing the impact of eachcomponent and element of the masterplan on the preservation of historicsites and districts;

(11) Appendices or separate reportscontaining the technical foundation forthe master plan and its constituentelements; and,

(12) A recycling plan element whichincorporates the State Recycling Plangoals, including provisions for thecollection, disposition and recycling ofrecyclable materials designated in themunicipal recycling ordinance, and forthe collection, disposition andrecycling of recyclable materials withinany development proposal for theconstruction of 50 or more units ofsingle-family residential housing or 25or more units of multi-familyresidential housing and anycommercial or industrial development

proposal for the utilization of 1,000square feet or more of land.

C. The master plan and its plan elements maybe divided into subplans and subplanelements projected according to periods oftime or staging sequences.

D. The master plan shall include a specificpolicy statement indicating the relationshipof the proposed development of themunicipality as developed in the master planto (1) the master plans of contiguousmunicipalities, (2) the master plan of thecounty in which the municipality is located(3) the State Development andRedevelopment Plan adopted pursuant to the“State Planning Act’’, P.L. 1985, c. 398 (C.52:18A-196 et al.), and (4) the district solidwaste management plan required pursuantto the provisions of the “Solid WasteManagement Act,’’ P.L. 1970, c. 39 (C. 13:1E-1 et seq.) of the county in which themunicipality is located.

C. 40:55D-65CONTENTS OF ZONING ORDINANCE

A zoning ordinance may:

A. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and thenature and extent of their use, and regulate the nature and extent of the use of land fortrade, industry, residence, open space or otherpurposes.

B. Regulate the bulk, height, number of stories,orientation, and size of buildings and the otherstructures; the percentage of lot ordevelopment area that may be occupied bystructures; lot sizes and dimensions; and forthese purposes may specify floor area ratiosand other ratios and regulatory techniquesgoverning the intensity of land use and theprovision of adequate light and air, including,but not limited to the potential for utilization ofrenewable energy sources.

C. Provide districts for planned developments;provided that an ordinance providing forapproval of subdivisions and site plans by theplanning board has been adopted andincorporates therein the provisions for suchplanned developments in a manner consistentwith article 6 (C. 40:55D-37 et seq.) of this act.The zoning ordinance shall establish standardsgoverning the type and density, or intensity of

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land use, in a planned development. Saidstandards shall take into account that thedensity, or intensity of land use, otherwiseallowable may not be appropriate for a planneddevelopment. The standards may vary the typeand density, or intensity of land use, otherwiseapplicable to the land within a planneddevelopment in consideration of the amount,location and proposed use of common openspace; the location and physical characteristicsof the site of the proposed planneddevelopment; and the location, design and typeof dwelling units and other uses. Suchstandards may, in order to encourage theflexibility of housing density, design and type,authorize a deviation in various residentialclusters 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 beevaluated, shall be set forth in the zoningordinance and all standards and criteria for anyfeature of a planned development shall be setforth in such ordinance with sufficientcertainty to provide reasonable criteria bywhich specific proposals for planneddevelopment can be evaluated.

D. Establish, for particular uses or classes of uses,reasonable standards of performance andstandards for the provision of adequatephysical improvements including, but notlimited to, off-street parking and loading areas,marginal access roads and roadways, othercirculation facilities and water, sewerage anddrainage facilities; provided that section 41 (C.40:55D-53) of this act shall apply to suchimprovements .

E. Designate and regulate areas subject to flooding(1) pursuant to P.L. 1972, c. 185 (C. 58:16A-55et seq.) or (2) as otherwise necessary in theabsence of appropriate flood hazard areadesignations pursuant to P. L. 1962, c. 19 (C.58 :16A-5O et seq.) or floodway regulationspursuant to P.L. 1972, c. 185 or minimumstandards for local fringe area regulationspursuant to P.L. 1972, c. 185.

F. Provide for conditional uses pursuant tosection 54 (C.40:55D-67) of this act.

G. Provide for senior citizen community housing.

H. Require that as a condition for any approvalwhich is required pursuant to such ordinanceand the provisions of this chapter, that no taxesor assessments for local improvements are dueor delinquent on the property for which anyapplication is made.

I. Provide for historic preservation pursuant tosection 5 of P.L.

C. 40:55D-65.1HISTORIC DESIGNATIONS IN

ZONING ORDINANCES

A zoning ordinance may designate and regulate historicsites or historic districts and provide design criteriaand guidelines therefor. Designation and regulationpursuant to this section shall be in addition to suchdesignation and regulation as the zoning ordinancemay otherwise require.

Except as provided hereunder, after July 1, 1994, allhistoric sites and historic districts designated in thezoning ordinance shall be based on identifications inthe historic preservation plan element of the masterplan. Until July 1, 1994, any such designation may bebased on identifications in the historic preservationplan element, the land use plan element or communityfacilities plan element of the master plan. Thegoverning body may, at any time, adopt, by affirmativevote of a majority of its authorized membership, azoning ordinance designating one or more historic sitesor historic districts that are not based onidentifications in the historic preservation planelement, the land use plan element or communityfacilities plan element, provided the reasons for theaction of the governing body are set forth in aresolution and recorded in the minutes of thegoverning body. L. 1991, c. 199, § 5, eff. July 9, 1991.

C. 40:55D-107HISTORIC PRESERVATION

COMMISSION

A. The governing body may by ordinance providefor a historic preservation commission.

B. Every historic preservation commission shallinclude, in designating the category ofappointment, at least one member of each of thefollowing classes: Class A-a person who isknowledgeable in building design andconstruction or architectural history and whomay reside outside the municipality; and, ClassB-a person who is knowledgeable or with ademonstrated interest in local history and whomay reside outside the municipality.

C. A historic preservation commission shall consistof five, seven or nine regular members and mayhave not more than two alternate members. Ofthe regular members a total of at least one lessthan a majority shall be of Classes A and B. Those regular members who are not designatedas Class A or B shall be designated as Class C.

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Class C members shall be citizens of themunicipality who shall hold no other municipaloffice, position or employment except formembership on the planning board or board ofadjustment. Alternate members shall meet thequalifications of Class C members. The mayor or,if so specified by ordinance, the chairman of theplanning board shall appoint all members of thecommission and shall designate at the time ofappointment the regular members by class andthe alternate members as ‘’Alternate No. 1’’ and“Alternate No. 2’’. The terms of the members firstappointed under this act shall be so determinedthat to the greatest practicable extent, theexpiration of the terms shall be distributed, inthe case of regular members, evenly over the firstfour years after their appointment, and in thecase of alternate members, evenly over the firsttwo years after their appointment; provided thatthe initial term of no regular member shallexceed four years and that the initial term of noalternate member shall exceed two years.Thereafter, the term of a regular member shall befour years; and the term of an alternate membershall be two years. A vacancy occurringotherwise than by expiration of term shall befilled for the unexpired term only.Notwithstanding any other provision herein, the term of any membercommon to the historic preservation commissionand the planning board shall be for the term of

membership on the planning board; and the termof any member common to the historicpreservation commission and the board ofadjustment shall be for the term of membershipon the board of adjustment. The historicpreservation commission shall elect a chairmanand vice-chairman from its members and select asecretary who may or may not be a member ofthe historic preservation commission or amunicipal employee.

Alternate members may participate indiscussions of the proceedings but may not voteexcept in the absence or disqualification of aregular member. A vote shall not be delayed inorder that a regular member may vote instead ofan alternate member. In the event that a choicemust be made as to which alternate member is tovote, Alternate No. 1 shall vote.

D. No member of any historic preservation commission shall be permitted to act on anymatter in which he has, either directly orindirectly, any personal or financial interest.

E. A member of a historic preservationcommission may, after public hearing if herequests it, be removed by the governingbody for cause.

C. 40:55D-108EXPENSES AND COSTS

A. The governing body shall make provision in itsbudget and appropriate funds for the expenses ofthe historic preservation commission.

B. The historic preservation commission mayemploy, contract for, and fix the compensation ofexperts and other staff and services as it shalldeem necessary. The commission shall obtain itslegal counsel from the municipal attorney at therate of compensation determined by thegoverning body, unless the governing body, byappropriation, provides for separate legal counselfor the commission. Expenditures pursuant tothis subsection shall not exceed, exclusive of giftsor grants, the amount appropriated by thegoverning body for the commission’s use.

C. 40:55D-109RESPONSIBILITIES

The historic preservation commission shall have theresponsibility to:

A. Prepare a survey of historic sites of themunicipality pursuant to criteria identified in thesurvey report;

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B. Make recommendations to the planning board onthe historic preservation plan element of themaster plan and on the implications forpreservation of historic sites of any other masterplan elements;

C. Advise the planning board on the inclusion ofhistoric sites in the recommended capitalimprovement program;

D. Advise the planning board and board ofadjustment on applications for developmentpursuant to section 24 of P.L. 1985, c. 516(C.40:55D-110)

E. Provide written reports pursuant to section 25 ofP. L. 1985,

C. 516 (C.40:55D-111) on the application of thezoning ordinance provisions concerning historicpreservation; and

F. Carry out such other advisory, educational andinformational functions as will promote historicpreservation in the municipality.

C. 40:55D-110REFERRALS BY PLANNING BOARD

AND BOARD OF ADJUSTMENT

The planning board and board of adjustment shallmake available to the historic preservation commissionan informational copy of every application submitted toeither board for development in historic zoningdistricts or on historic sites designated on the zoningor official map or in any component element of themaster plan. Failure to make the informational copyavailable shall not invalidate any hearing orproceeding. The historic preservation commission mayprovide its advice which shall be conveyed through itsdelegation of one of its members or staff to testifyorally at the hearing on the application and to explainany written report which may have been submitted.

C. 40:55D-111DESIGNATION AND REGULATION OF

HISTORIC SITES OR DISTRICTS BY

ORDINANCE; REFERENCE OF

APPLICATIONS FOR ISSUANCE OF

PERMITS TO COMMISSION; REPORT

FOR GRANT, CONDITIONAL GRANT OR

DENIAL

If the zoning ordinance designates and regulateshistoric sites or districts pursuant to subsection i ofsection 52 of the act (C.40:55D-65), the governingbody shall by ordinance provide for reference of

applications for issuance of permits pertaining tohistoric sites or property in historic districts to thehistoric preservation commission for a written reporton the application of the zoning ordinance provisionsconcerning historic preservation to any of thoseaspects of the change proposed, which aspects werenot determined by approval of an application fordevelopment by a municipal agency pursuant to the act(C.40:55D-et seq.). The historic preservationcommission shall submit its report either to theadministrative officer or the planning board, asspecified by ordinance. If the ordinance specifies thesubmission of the historic preservation commission’sreport to the planning board, the planning board shallreport to the administrative officer.

In the case of a referral by the administrative officer ofa minor application for the issuance of a permitpertaining to historic sites or property in historicdistricts, as defined in the zoning ordinance, thechairman of the historic preservation commission mayact in the place of the full commission for purposes ofthis section; and, if the ordinance specifies thesubmission to the planning board of a commissionreport on a minor application, the ordinance mayauthorize the chairman or a subcommittee of theplanning board to act in place of the full board.

The historic preservation commission or the planningboard, as the case may be, shall report to theadministrative officer within 45 days of his referral ofthe application to the historic preservationcommission. If within the 45-day period the historicpreservation commission or the planning board, as thecase may be, recommends to the administrative officeragainst the issuance of a permit or recommendsconditions to the permit to be issued, theadministrative officer shall deny issuance of the permitor include the conditions in the permit, as the casemay be. Failure to report within the 45-day period shallbe deemed to constitute a report in favor of issuance ofthe permit and without the recommendation ofconditions to the permit.

C. 40:55D-112“LANDMARK” AS A SUBSTITUTE FOR

“HISTORIC”; “HISTORIC

PRESERVATION” AND “HISTORIC

SITE”The word “landmark” may substitute, in anyordinance, resolution, determination or official actionpursuant to the act (C.40:55D-1 et seq.) and P.L. 1985,c. 516, (C.40:55D-107 et seq.) for “historic”, “historicpreservation’’ and “historic site”.

L. 1985, c. 516. § 26, et’f. Mar. 22, 1986.

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ADDENDUM

C. 52:27D-310MANDATORY CONTENTS OF HOUSING

ELEMENTS

A municipality’s housing element shall be designed toachieve the goal of access to affordable housing to meetpresent and prospective housing needs, with particularattention to low and moderate income housing, andshall contain at least:

A. An inventory of the municipality’s housing stockby age, condition, purchase or rental value,occupancy characteristics, and type, includingthe number of units affordable to low andmoderate income household and substandardhousing capable of being rehabilitated, and inconducting this inventory the municipality shallhave access, on a confidential basis for the solepurpose of conducting the inventory, to allnecessary property tax assessment records andinformation in the assessor’s office, including butnot limited to the property record cards;

B. A projection of the municipality’s housing stock,including the probable future construction of lowand moderate income housing, for the next sixyears, taking into account, but not necessarilylimited to, construction permits issued, approvalsof applications for development and probableresidential development of lands;

C. An analysis of the municipality’s demographiccharacteristics, including but not necessarilylimited to, household size, income level and age;

D. An analysis of the existing and probable futureemployment characteristics of the municipality;

E. A determination of the municipality’s present andprospective fair share for low and moderateincome housing and its capacity to accommodate

its present and prospective housing needs,including its fair share for low and moderateincome housing; and

F. A consideration of the lands that are mostappropriate for construction of low and moderateincome housing and of the existing structuresmost appropriate for conversion to, orrehabilitation for, low and moderate incomehousing, including a consideration of lands ofdevelopers who have expressed a commitment toprovide low and moderate income housing.

CERTIFIED LOCAL GOVERNMENT

PROGRAM

The Certified Local Government (CLG) program offersmunicipalities the opportunity to participate moredirectly in state and federal historic preservationprograms. New Jersey’s current CLG participantsinclude Beach Haven Borough, Berlin Borough,Burlington City, Camden City, Cape May City, ClosterBorough, Collingswood Borough, Evesham Township,Ewing Township, Fanwood Borough, FreeholdTownship, Glen Ridge Borough, Gloucester City,Haddonfield Borough, Haddon Heights Borough,Harrison Township, Hopewell Borough, LawrenceTownship, Mahwah Township, Maplewood Township,Middletown Township, Montclair Township, MontvilleTownship, Mount Holly Township, Newton Town, NorthPlainfield Borough, Ocean City, Paterson City,Plainfield City, Pompton Lakes Borough, PrincetonBorough, Princeton Township, River Edge Borough,Somers Point City, South Brunswick Township,Swedesboro Borough, Teaneck Township, TewksburyTownship, Verona Township, Washington Township,West Milford Township and West Orange Township.

One of the benefits of Certified Local Governmentdesignation is access to Historic Preservation Fundmatching and no-match grants reserved exclusively forhistoric resources survey, preservation planning andpre-development projects undertaken by CertifiedLocal Governments. New Jersey annually awards$60,000 - $80,000 in Historic Preservation Fund grantsto our CLGs.

Historic Preservation Fund matching grants may beused to sponsor a wide variety of historic preservationprojects: historic resource surveys; site specific,historic district or municipal historic preservationplans; technical assistance to municipal historicpreservation commissions; historic landscape, ruralfarmland or thematic historic property studies;architectural design guidebooks; historic preservationpublic education; National Register of Historic Placesnominations; and other innovative historic preservationactivities proposed by CLGs.

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Pre-development grant funds are available forproperties listed on the National Register of HistoricPlaces. Eligible projects include the preparation of:historic structures reports; adaptive re-use plans,specifications and construction documents; andarchaeological resource protection or stabilizationplans. Pre-development projects must be inconformance with the “Secretary of the Interior’sStandards for Treatment of Historic Properties withGuidelines for Preserving, Rehabilitating, Restoring andReconstructing Historic Buildings.”

Participation in the Certified Local Governmentprogram requires that a municipality have a historicpreservation ordinance and a historic preservationcommission conforming to the specifications of boththe New Jersey enabling legislation, the Municipal LandUse Law (MLUL), and the National Park Serviceapproved New Jersey Certified Local GovernmentGuidelines. Governments requesting certification arerequired to submit an application and demonstrate thatthey meet the basic CLG program guidelines.

The CLG guidelines require due process and maximumpublic participation in the administration of the localhistoric preservation ordinance. All historicpreservation commission decisions to designateindividual historic sites and districts must be basedupon criteria written into the local ordinance and mustafford the public an opportunity to comment on theproposed designation at an open public meeting. TheCertified Local Government guidelines require allcommission meetings to be publicly announced andopen to the public, have an advertised agenda, and beheld in accordance with the New Jersey “Open PublicMeetings Act.” Additionally, commission decisionsmust be made in a public forum and applicants mustbe notified of meetings and advised of the decisions ofthe commission. These public participation provisions

are designed to ensure that the designation of historicsites and districts results from a genuine interest inand commitment to local historic preservation by theresidents of individual neighborhoods and thecommunity at large. There must also be a clear appealsprocess to provide applicants and others theopportunity to appeal decisions made by the localhistoric preservation commission.

The Historic Preservation Office encourages efforts topromote local historic preservation. If you have anyquestions regarding the Certified Local Governmentprogram or would like a copy of the CLG Guidelinesand application, please contact the HistoricPreservation Office, CLG Program Coordinator.

STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTIONNATURAL & HISTORIC RESOURCES

Historic Preservation OfficeP.O. Box 404, Trenton, New Jersey 08625-0404

Tel: (609) 292-2023 Fax: (609) 984-0578www.nj.gov/dep/hpo

This publication has been financed in part with federal funds from the National Park Service, U.S. Department of the Interior, and administered by the New Jersey Department of Environmental Protection, Natural & Historic Resources, Historic Preservation Office. The contents and opinions do not necessarily reflect the views or policies of the U.S. Department of the Interior. This program receives federal financial assistance for the identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, or handicap in its federally assisted programs. If you believe that you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C. Street NW (NC200), Washington, D.C. 20240

Rev. 2/17