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 LAW

For 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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