ADVANCED DUTIES OF THE
MUNICIPAL CLERK EXAM
QUESTIONS AND ANSWERS
What does the Municipal Land Use Law govern? - Correct Answers -The Municipal
Land Use Law [N.J.S.A. 40:55D-1 et seq] governs the planning, zoning, subdivision,
and site plan powers of the municipality.
Who is the Administrative Officer under the Municipal Land Use Law? - Correct
Answers -The Municipal Clerk is the Administrative Officer under the Municipal Land
Use Law, unless otherwise designated by local ordinance. In Avalon, the Tax Assessor
has been designated the Administrative Officer.
Who is the Planning Board and/or Board of Adjustment Secretary? - Correct Answers -
The Municipal Clerk is the Planning Board and/or Board of Adjustment Secretary.
What are the duties of the Municipal Clerk when serving as the Administrative Officer? -
Correct Answers -1. Receive applications and maps for development.
2. Prepare lists of property owners to be served with Notices.
3. Issue Certificates of Subdivision Approval.
4. Issue such permits, certificates or authorizations as may be required by the
Governing Body.
The Governing Body may require the issuance of specified permits, certificates or
authorizations as a condition precedent to:
a. the erection, construction, alteration, repair, remodeling, conversion, removal or
destruction of any building or structure,
b. the use or occupancy of any building, structure or land, and
c. the subdivision or rehabilitation of any land.
5. Issue or deny a zoning permit within 10 business days of receipt of a request thereof.
If the Administrative Officer fails to grant or deny a zoning permit within this period, the
failure shall be deemed to be an approval of the application for the zoning permit.
What must council do for the purposes of issuing permits, etc. - Correct Answers -
Council shall establish an Administrative Officer and offices for the purpose of issuing
such permits, certificates or authorizations.
,What is the FIRST READING/INTRODUCTION? - Correct Answers -1.The Governing
Body prepares the draft ordinance or accepts a proposed ordinance from the Planning
Board. (In Writing)
2. The Governing Body shall read the proposed ordinance by title only at the first
reading.
3. Roll call vote required with
4. Affirmative vote of a majority of the members present.
5. The Governing Body sets the second reading the Public Hearing at least 10 days
after first reading.
When is the Zoning Ordinance referred to the municipal Planning Board for Review? -
Correct Answers -In municipalities having a Master Plan, the zoning ordinance or
amendment thereto must be referred to the PL Board for review.
When does the Municipal Clerk publish the proposed ordinance? - Correct Answers -
The MC publishes the proposed ordinance in the legal newspaper of the municipality at
least 10 days prior to the scheduled hearing date. (which would be the Friday after the
first hearing)
What date is calculated for the hearing date? - Correct Answers -When calculating
advertising date, the date of publication is NOT counted, the date of hearing IS counted.
Newspaper publication requirements for introduction and passage of ordinance: -
Correct Answers -a) publication of notice citing proposed ordinance giving brief
summary of main objectives or provision of ordinance, stating copies are on file for
public exam in MC office setting forth time/place for further consideration of proposed
ordinance;
b) copies of ordinance on file in MC office with copies available for public inspection
until final action taken on ordinance;
c)the publication or arranging for publication of proposed ordinance in pamphlet or
similar form, which may be sold by municipality at price not to exceed cost of publication
and distribution.
What happens if amendment adopted to proposed ordinance substantially altering
ordinance? - Correct Answers -A notice of the title of the ordinance, the introduction and
time and place that the amended ordinance will be further considered and summary of
objectives published two days prior to time fixed. Copies of ordinance on file with MC.
Upon passage of such ordinance, notice of passage shall be published.
What Notices are required when a zoning change takes place? - Correct Answers -
Notice by personal service or certified mail shall be made to the clerks of an adjoining
municipality and the County Planning Board of all hearings on the adoption, amendment
of development RES involving property w/I 200 feet of adjoining municipality at least 10
days prior to date of hearing.
, Zoning District Classification or Boundary Change Notice requirements? - Correct
Answers -At least 10 days prior to the hearing by the MC to owners of all real property
within 200 feet in all directions of the proposed new boundaries. Municipalities outside
your boundaries, certified lists of property owners must be obtain from Tax Assessor or
in adjoining municipality.
What must the legal advertising notice state? - Correct Answers -Notice shall state the
date, time and place of hearing. Note given by personal service or certified mail and
regular mail to owners of all real property as shown on the current tax duplicate.
Proof of Publication of Notice requirements? - Correct Answers -MC prepares a
notarized Affidavit of Proof of Publication of the notice of required public hearing on
proposed zoning ordinance change in legal newspaper of Municipality or obtains
notarized Affidavit from newspaper.
What happens prior to final adoption of amended ordinance? - Correct Answers -1.
Ordinance as amended must be read by title at previously scheduled hearing date,
amended by resolution setting forth amendment.
2. Ordinance as amended must be published w/notice of intro and time/place when
ordinance is further considered and hearing at least 1 week thereafter.
3. Publication must be at least 2 days prior to hearing date of amended ordinance.
4. if amendment more than 6 pages, does not have to be advertised in full, notice by
title and summary of contents w/hearing date/time/place may be published. 3 copies of
full document must be on file with MC and available for public inspection.
Public hearing requirements? - Correct Answers -1. second reading and public hearing,
proposed ordinance read by title. read in full if not properly posted.
2. Affidavit of Proof of Publication reviewed by Mun Atty/approved for filing.
3. Public hearing is opened for public discussion on ordinance by voice vote of
Governing 'Body.
4. Hearing can be adjourned to another specified date/time by announcement w/o
publication or ordinance or notice.
Final adoption requirements? - Correct Answers -1. Final adoption must be 10 days
after first reading by roll call vote;
2. Affirmative vote of majority of Governing Body present in most municipalities;
Affirmative vote of majority of the full authorized membership of Governing Body in
Faulkner Act municipalities
3. 2/3 majority of full authorized membership of Governing Body
4. Notice of Final Adoption must be published in the municipalities official newspaper
within 10 days of adoption.
Effective date requirements? - Correct Answers -1. Depends on Municipalities form of
government.
a. Upon publication of notice of final adoption in most municipalities but 20 days after
adoption in Faulkner Act.
MUNICIPAL CLERK EXAM
QUESTIONS AND ANSWERS
What does the Municipal Land Use Law govern? - Correct Answers -The Municipal
Land Use Law [N.J.S.A. 40:55D-1 et seq] governs the planning, zoning, subdivision,
and site plan powers of the municipality.
Who is the Administrative Officer under the Municipal Land Use Law? - Correct
Answers -The Municipal Clerk is the Administrative Officer under the Municipal Land
Use Law, unless otherwise designated by local ordinance. In Avalon, the Tax Assessor
has been designated the Administrative Officer.
Who is the Planning Board and/or Board of Adjustment Secretary? - Correct Answers -
The Municipal Clerk is the Planning Board and/or Board of Adjustment Secretary.
What are the duties of the Municipal Clerk when serving as the Administrative Officer? -
Correct Answers -1. Receive applications and maps for development.
2. Prepare lists of property owners to be served with Notices.
3. Issue Certificates of Subdivision Approval.
4. Issue such permits, certificates or authorizations as may be required by the
Governing Body.
The Governing Body may require the issuance of specified permits, certificates or
authorizations as a condition precedent to:
a. the erection, construction, alteration, repair, remodeling, conversion, removal or
destruction of any building or structure,
b. the use or occupancy of any building, structure or land, and
c. the subdivision or rehabilitation of any land.
5. Issue or deny a zoning permit within 10 business days of receipt of a request thereof.
If the Administrative Officer fails to grant or deny a zoning permit within this period, the
failure shall be deemed to be an approval of the application for the zoning permit.
What must council do for the purposes of issuing permits, etc. - Correct Answers -
Council shall establish an Administrative Officer and offices for the purpose of issuing
such permits, certificates or authorizations.
,What is the FIRST READING/INTRODUCTION? - Correct Answers -1.The Governing
Body prepares the draft ordinance or accepts a proposed ordinance from the Planning
Board. (In Writing)
2. The Governing Body shall read the proposed ordinance by title only at the first
reading.
3. Roll call vote required with
4. Affirmative vote of a majority of the members present.
5. The Governing Body sets the second reading the Public Hearing at least 10 days
after first reading.
When is the Zoning Ordinance referred to the municipal Planning Board for Review? -
Correct Answers -In municipalities having a Master Plan, the zoning ordinance or
amendment thereto must be referred to the PL Board for review.
When does the Municipal Clerk publish the proposed ordinance? - Correct Answers -
The MC publishes the proposed ordinance in the legal newspaper of the municipality at
least 10 days prior to the scheduled hearing date. (which would be the Friday after the
first hearing)
What date is calculated for the hearing date? - Correct Answers -When calculating
advertising date, the date of publication is NOT counted, the date of hearing IS counted.
Newspaper publication requirements for introduction and passage of ordinance: -
Correct Answers -a) publication of notice citing proposed ordinance giving brief
summary of main objectives or provision of ordinance, stating copies are on file for
public exam in MC office setting forth time/place for further consideration of proposed
ordinance;
b) copies of ordinance on file in MC office with copies available for public inspection
until final action taken on ordinance;
c)the publication or arranging for publication of proposed ordinance in pamphlet or
similar form, which may be sold by municipality at price not to exceed cost of publication
and distribution.
What happens if amendment adopted to proposed ordinance substantially altering
ordinance? - Correct Answers -A notice of the title of the ordinance, the introduction and
time and place that the amended ordinance will be further considered and summary of
objectives published two days prior to time fixed. Copies of ordinance on file with MC.
Upon passage of such ordinance, notice of passage shall be published.
What Notices are required when a zoning change takes place? - Correct Answers -
Notice by personal service or certified mail shall be made to the clerks of an adjoining
municipality and the County Planning Board of all hearings on the adoption, amendment
of development RES involving property w/I 200 feet of adjoining municipality at least 10
days prior to date of hearing.
, Zoning District Classification or Boundary Change Notice requirements? - Correct
Answers -At least 10 days prior to the hearing by the MC to owners of all real property
within 200 feet in all directions of the proposed new boundaries. Municipalities outside
your boundaries, certified lists of property owners must be obtain from Tax Assessor or
in adjoining municipality.
What must the legal advertising notice state? - Correct Answers -Notice shall state the
date, time and place of hearing. Note given by personal service or certified mail and
regular mail to owners of all real property as shown on the current tax duplicate.
Proof of Publication of Notice requirements? - Correct Answers -MC prepares a
notarized Affidavit of Proof of Publication of the notice of required public hearing on
proposed zoning ordinance change in legal newspaper of Municipality or obtains
notarized Affidavit from newspaper.
What happens prior to final adoption of amended ordinance? - Correct Answers -1.
Ordinance as amended must be read by title at previously scheduled hearing date,
amended by resolution setting forth amendment.
2. Ordinance as amended must be published w/notice of intro and time/place when
ordinance is further considered and hearing at least 1 week thereafter.
3. Publication must be at least 2 days prior to hearing date of amended ordinance.
4. if amendment more than 6 pages, does not have to be advertised in full, notice by
title and summary of contents w/hearing date/time/place may be published. 3 copies of
full document must be on file with MC and available for public inspection.
Public hearing requirements? - Correct Answers -1. second reading and public hearing,
proposed ordinance read by title. read in full if not properly posted.
2. Affidavit of Proof of Publication reviewed by Mun Atty/approved for filing.
3. Public hearing is opened for public discussion on ordinance by voice vote of
Governing 'Body.
4. Hearing can be adjourned to another specified date/time by announcement w/o
publication or ordinance or notice.
Final adoption requirements? - Correct Answers -1. Final adoption must be 10 days
after first reading by roll call vote;
2. Affirmative vote of majority of Governing Body present in most municipalities;
Affirmative vote of majority of the full authorized membership of Governing Body in
Faulkner Act municipalities
3. 2/3 majority of full authorized membership of Governing Body
4. Notice of Final Adoption must be published in the municipalities official newspaper
within 10 days of adoption.
Effective date requirements? - Correct Answers -1. Depends on Municipalities form of
government.
a. Upon publication of notice of final adoption in most municipalities but 20 days after
adoption in Faulkner Act.
