Which body must approve the establishment of a zoning board of adjustment?

The establishment of a zoning board of adjustment is a critical component of land use regulation and planning within municipalities. In New Jersey, this process is governed by the Municipal Land Use Law (MLUL). According to the MLUL, the creation of a zoning board of adjustment requires approval from the municipal governing body, which is typically comprised of the elected officials of the municipality, such as the town council or board of trustees.

This governing body is responsible for local urban planning and zoning matters, and it plays a central role in ensuring that the needs and preferences of the community are reflected in how land is utilized. By requiring the approval of the municipal governing body, the law ensures that the establishment of the zoning board aligns with local governance and community standards, promoting accountability and local democracy in land use decisions.

The other entities mentioned, such as the State Assembly, Planning Board, and County Board, do not have the authority to approve the formation of the zoning board of adjustment at the municipal level, as this is expressly the role of the municipal governing body. This delineation of authority helps to maintain a clear local governance structure in planning and land use.