Consolidated Land Use

Dear Applicant,

This letter is intended to provide important information regarding applications submitted to the Consolidated Land Use Board. Please be advised that while the Municipal Land Use Law (MLUL) does not require every applicant to retain an attorney, engineer, or planner, in most cases professional testimony is necessary for the Board to legally consider and potentially approve an application.

Many applicants are unaware that Board approval is not based on personal opinion, fairness, or hardship alone. Instead, approval requires that an application satisfy specific legal standards established under the MLUL and the City’s zoning ordinances. The Board is legally obligated to apply these standards and may only rely on evidence that is competent, credible, and part of the official record.

Competent and Credible Testimony

Competent and credible testimony generally means testimony provided by individuals who are knowledgeable in and familiar with:

• The Municipal Land Use Law (MLUL) and the statutory criteria applicable to the type of relief requested
• The Township’s Zoning Ordinances, including permitted uses, bulk standards, and design requirements
• The Township’s Master Plan, including its goals, objectives, and land use policies
• Accepted planning, engineering, or technical principles relevant to the application

Licensed professionals such as planners, engineers, architects, or other qualified experts are typically required because they are trained to evaluate an application in light of these requirements and to provide testimony the Board may legally rely upon.

Positive and Negative Criteria

For many applications—particularly variance requests—the MLUL requires an applicant to prove both the positive criteria and the negative criteria.

Positive Criteria: The applicant must demonstrate a legally recognized reason for the requested relief. Depending on the type of application, this may include showing that the proposal promotes the purposes of zoning, advances the goals of the Master Plan, or that unique conditions of the property justify the relief requested.

Negative Criteria: The applicant must also demonstrate that the requested relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zoning plan and zoning ordinances. This typically requires analysis of potential impacts on neighboring properties, the surrounding area, and the overall zoning scheme of the municipality.

Personal statements, beliefs, or general explanations from an applicant—while helpful for background—do not substitute for professional testimony when the law requires proof that these criteria have been met. Board members are required by law to base their decisions solely on the evidence presented at the hearing. If an application does not include sufficient competent and credible testimony addressing both the positive and negative criteria, the Board may be unable to grant approval, regardless of the applicant’s intent or the perceived reasonableness of the proposal.

This information is provided to assist applicants in preparing a complete and legally sufficient application and to help avoid unnecessary delays, continuances, or denials. Applicants are strongly encouraged to consult with a qualified land use professional prior to their hearing if they are uncertain about the legal standards or evidentiary requirements applicable to their application.