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New Jersey Statutes 40:55D-137 -
Short title
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Current as of:
2009
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1.Sections 1 through 27 of this act shall be known
and may be cited as the "State Transfer of Development Rights
Act."
L.2004,c.2,s.1.
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New Jersey Statutes 40:55D-44 - Reservation of public areas
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Current as of:
2009
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If the master plan or the
official map provides for the reservation of designated streets, public
drainageways, flood control basins, or public areas within the proposed
development, before approving a subdivision or site plan, the planning
board may further require that such streets, ways, basins or areas be
shown on the plat in locations and sizes suitable to their intended
uses. The planning board may reserve the location and extent of
such streets, ways, basins or areas shown on the plat for a period of 1
year after the approval of the final plat or within such further time as
may be agreed to by the developer. Unless during such period or extension
thereof the municipality shall have entered into a contract to purchase
or institute condemnation proceedings according to law for the fee or a
lesser interest in the land comprising such streets, ways, basins or
areas, the developer shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use in accordance with
applicable development regulations. The provisions of this section shall
not apply to the streets and roads, flood control basins or public
drainageways necessitated by the subdivision or land development and
required for final approval.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has
previously been mutually agreed upon, just compensation shall be deemed
to be the fair market value of an option to purchase the land reserved
for the period of reservation; provided that determination of such fair
market value shall include, but not be limited to, consideration of the
real property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the reasonable
increased cost of legal, engineering, or other professional services
incurred in connection with obtaining subdivision approval or site plan
approval, as the case may be, caused by the reservation. The municipality
shall provide by ordinance for a procedure for the payment of all
compensation payable under this section.
L.1975, c. 291, s. 32, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-74 - Modification on appeal
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Current as of:
2009
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The board of adjustment may
reverse or affirm, wholly or in part, or may modify the action, order,
requirement, decision, interpretation or determination appealed from and
to that end have all the powers of the administrative officer from whom
the appeal is taken.
L.1975, c. 291, s. 61, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-138 - Findings, declarations relative to
transfer of development rights by municipalities
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-138 - Findings, declarations relative to transfer
of development rights by municipalities
Current as of:
2009
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2.The
Legislature finds and declares that as the most densely populated state
in the nation, the State of New Jersey is faced with the challenge of
accommodating vital growth while maintaining the environmental integrity,
preserving the natural resources, and strengthening the agricultural
industry and cultural heritage of the Garden State; that the
responsibility for meeting this challenge falls most heavily upon local
government to appropriately shape the land use patterns so that growth
and preservation become compatible goals; that until now municipalities
in most areas of the State have lacked effective and equitable means by
which potential development may be transferred from areas where
preservation is most appropriate to areas where growth can be better
accommodated and maximized; and that the tools necessary to meet the
challenge of balanced growth in an equitable manner in New Jersey must be
made available to local government as the architects of New Jersey's
future.
The Legislature further finds and declares that the "Burlington
County Transfer of Development Rights Demonstration Act," P.L.1989,
c.86 (C.40:55D-113 et al.), was enacted in 1989 as a pilot transfer of
development rights (TDR) program to demonstrate the feasibility of TDR as
a land use planning tool; and that the Burlington County pilot program
has been a success and should now be expanded to the remainder of the
State of New Jersey in a manner that is fair and equitable to all
landowners.
The Legislature therefore determines that it is in the public interest to
authorize all municipalities in the State to establish and implement TDR
programs.
L.2004,c.2,s.2.
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New Jersey Statutes 40:55D-75 - Stay of proceedings by appeal; exception
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Current as of:
2009
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42. Recording of final approval
of major subdivision; filing of all subdivision plats. a. Final approval
of a major subdivision shall expire 95 days from the date of signing of
the plat unless within such period the plat shall have been duly filed by
the developer with the county recording officer. The planning board may for
good cause shown extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat. The planning
board may extend the 95-day or 190-day period if the developer proves to
the reasonable satisfaction of the planning board (1) that the developer
was barred or prevented, directly or indirectly, from filing because of
delays in obtaining legally required approvals from other governmental or
quasi-governmental entities and (2) that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait for
the required approvals, as determined by the planning board. The
developer may apply for an extension either before or after the original
expiration date.
b. No subdivision plat shall be accepted for
filing by the county recording officer until it has been approved by the
planning board as indicated on the instrument by the signature of the
chairman and secretary of the planning board or a certificate has been
issued pursuant to sections 35, 38, 44, 48, 54 or 63 of P.L.1975, c.291
(C.40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, 40:55D-76). The
signatures of the chairman and secretary of the planning board shall not
be affixed until the developer has posted the guarantees required
pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53). If the county
recording officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the municipality, the
plat shall be expunged from the official records.
c. It shall be the duty of the county recording
officer to notify the planning board in writing within seven days of the
filing of any plat, identifying such instrument by its title, date of
filing, and official number.
L.1975,c.291,s.42; amended 1991,c.256,s.18.
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New Jersey Statutes 40:55D-45 - Findings for planned developments
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Current as of:
2009
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Every ordinance pursuant to this
article that provides for planned developments shall require that prior
to approval of such planned developments the planning board shall find
the following facts and conclusions:
a. That departures by the proposed development from
zoning regulations otherwise applicable to the subject property conform
to the zoning ordinance standards pursuant to subsection 52c. of this
act;
b. That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate;
c. That provision through the physical design of the
proposed development for public services, control over vehicular and
pedestrian traffic, and the amenities of light and air, recreation and
visual enjoyment are adequate;
d. That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed to
be established;
e. In the case of a proposed development which
contemplates construction over a period of years, that the terms and
conditions intended to protect the interests of the public and of the
residents, occupants and owners of the proposed development in the total
completion of the development are adequate.
L.1975, c. 291, s. 33, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-139 - Transfer of development potential within
jurisdiction
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Current as of:
2009
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3. a. The
governing body of any municipality that fulfills the criteria set forth
in section 4 of P.L.2004, c.2 (C.40:55D-140) may, by ordinance approved
by the county planning board, provide for the transfer of development
potential within its jurisdiction. The governing bodies of two or more
municipalities that fulfill the criteria set forth in section 4 of
P.L.2004, c.2 (C.40:55D-140) may, by substantially similar ordinances
approved by their respective county planning boards, provide for a joint
program for the transfer of development potential, including transfers from
sending zones in one municipality to receiving zones in the other,
regardless of whether or not those municipalities are situated within the
same county. Any such program shall be carried out by the municipal
planning board or boards.
A program may include the designation of one or more sending or receiving
zones.
b.The Office of Smart Growth shall provide such technical assistance as
may be requested by municipalities or a county planning board, and as may
be reasonably within the capacity of the office to provide, in the
preparation, implementation or review, as the case may be, of the master
plan elements required to have been adopted by the municipality as a
condition for adopting a development transfer ordinance pursuant to
section 4 of P.L.2004, c.2 (C.40:55D-140), capital improvement program or
development transfer ordinance.
L.2004,c.2,s.3.
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New Jersey Statutes 40:55D-76 - Other powers
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New Jersey Statutes 40:55D-45.1 - General development plan
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Current as of:
2009
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7.1. Notice pursuant to subsections a., b., d., e.,
f., g. and h. of this section shall be given by the applicant unless a
particular municipal officer is so designated by ordinance; provided that
nothing contained herein shall prevent the applicant from giving such
notice if he so desires. Notice pursuant to subsections a., b., d., e.,
f., g. and h. of this section shall be given at least 10 days prior to
the date of the hearing.
a.Public notice of a hearing shall be given for an extension of approvals
for five or more years under subsection d. of section 37 of P.L.1975,
c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291
(C.40:55D-52); for modification or elimination of a significant condition
or conditions in a memorializing resolution in any situation wherein the
application for development for which the memorializing resolution is
proposed for adoption required public notice, and for any other
applications for development, with the following exceptions: (1)
conventional site plan review pursuant to section 34 of P.L.1975, c.291
(C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975,
c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of
P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the
governing body may by ordinance require public notice for such categories
of site plan review as may be specified by ordinance, for appeals of
determinations of administrative officers pursuant to subsection a. of
section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for
interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291
(C.40:55D-70). Public notice shall also be given in the event that relief
is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60
or C.40:55D-76) as part of an application for development otherwise
excepted herein from public notice.
In addition, public notice shall be given by a public entity seeking to
erect an outdoor advertising sign on land owned or controlled by a public
entity as required pursuant to section 22 of P.L.1975, c.291
(C.40:55D-31) or, if so provided by ordinance adopted pursuant to
subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by a
private entity seeking to erect an outdoor advertising sign on public
land or on land owned by a private entity.
Public notice shall be given by publication in the official newspaper of
the municipality, if there be one, or in a newspaper of general
circulation in the municipality.
b.Except as provided in paragraph (2) of subsection h. of this section,
notice of a hearing requiring public notice pursuant to subsection a. of
this section shall be given to the owners of all real property as shown
on the current tax duplicates, located in the State and within 200 feet
in all directions of the property which is the subject of such hearing;
provided that this requirement shall be deemed satisfied by notice to the
(1) condominium association, in the case of any unit owner whose unit has
a unit above or below it, or (2) horizontal property regime, in the case
of any co-owner whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the property
owner as shown on the said current tax duplicate, or his agent in charge
of the property, or (2) mailing a copy thereof by certified mail to the
property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president, a
vice president, secretary or other person authorized by appointment or by
law to accept service on behalf of the corporation. Notice to a
condominium association, horizontal property regime, community trust or
homeowners' association, because of its ownership of common elements or
areas located within 200 feet of the property which is the subject of the
hearing, may be made in the same manner as to a corporation without
further notice to unit owners, co-owners, or homeowners on account of
such common elements or areas.
c.Upon the written request of an applicant, the administrative officer of
a municipality shall, within seven days, make and certify a list from
said current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice pursuant to subsection b. of this
section. In addition, the administrative officer shall include on the
list the names, addresses and positions of those persons who, not less
than seven days prior to the date on whi
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New Jersey Statutes 40:55D-45.2 - Contents of general development plan
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Current as of:
2009
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A general development plan may
include, but not be limited to, the following:
a. A general land use plan at a scale specified by ordinance
indicating the tract area and general locations of the land uses to be
included in the planned development. The total number of dwelling units
and amount of nonresidential floor area to be provided and proposed land
area to be devoted to residential and nonresidential use shall be set
forth. In addition, the proposed types of nonresidential uses to be
included in the planned development shall be set forth, and the land area
to be occupied by each proposed use shall be estimated. The density and
intensity of use of the entire planned development shall be set forth,
and a residential density and a nonresidential floor area ratio shall be
provided;
b. A circulation plan showing the general location and types
of transportation facilities, including facilities for pedestrian access,
within the planned development and any proposed improvements to the
existing transportation system outside the planned development;
c. An open space plan showing the proposed land area and
general location of parks and any other land area to be set aside for
conservation and recreational purposes and a general description of
improvements proposed to be made thereon, including a plan for the operation
and maintenance of parks and recreational lands;
d. A utility plan indicating the need for and showing the
proposed location of sewage and water lines, any drainage facilities
necessitated by the physical characteristics of the site, proposed methods
for handling solid waste disposal, and a plan for the operation and
maintenance of proposed utilities;
e. A storm water management plan setting forth the proposed
method of controlling and managing storm water on the site;
f. An environmental inventory including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate and cultural resources of the site, existing man-made
structures or features and the probable impact of the development on the
environmental attributes of the site;
g. A community facility plan indicating the scope and type
of supporting community facilities which may include, but not be limited
to, educational or cultural facilities, historic sites, libraries,
hospitals, firehouses, and police stations;
h. A housing plan outlining the number of housing units to
be provided and the extent to which any housing obligation assigned to
the municipality pursuant to P.L. 1985, c. 222 (C. 52:27D-301 et al.)
will be fulfilled by the development;
i. A local service plan indicating those public services
which the applicant proposes to provide and which may include, but not be
limited to, water, sewer, cable and solid waste disposal;
j. A fiscal report describing the anticipated demand on
municipal services to be generated by the planned development and any
other financial impacts to be faced by municipalities or school districts
as a result of the completion of the planned development. The fiscal
report shall also include a detailed projection of property tax revenues
which will accrue to the county, municipality and school district
according to the timing schedule provided under subsection k. of this
section, and following the completion of the planned development in its
entirety;
k. A proposed timing schedule in the case of a planned
development whose construction is contemplated over a period of years,
including any terms or conditions which are intended to protect the
interests of the public and of the residents who occupy any section of
the planned development prior to the completion of the development in its
entirety; and
l. A municipal development agreement, which shall mean a
written agreement between a municipality and a developer relating to the
planned development.
L. 1987, c. 129, s. 4.
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New Jersey Statutes 40:55D-140 - Actions prior to adoption, amendment
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Current as of:
2009
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4.Prior to the
adoption or amendment of any development transfer ordinance, a municipality
shall:
a.Adopt a development transfer plan element of its master plan pursuant
to paragraph (14) of subsection b. of section 19 of P.L.1975, c.291
(C.40:55D-28) in accordance with the requirements of section 5 of
P.L.2004, c.2 (C.40:55D-141);
b.Adopt a capital improvement program pursuant to section 20 of P.L.1975,
c.291 (C.40:55D-29) for the receiving zone, which includes the location
and cost of all infrastructure and a method of cost sharing if any
portion of the cost is to be assessed against developers pursuant to
section 30 of P.L.1975, c.291 (C.40:55D-42);
c.Adopt a utility service plan element of the master plan pursuant to
section 19 of P.L.1975, c.291 (C.40:55D-28) that specifically addresses
providing necessary utility services within any designated receiving zone
within a specified time period so that no development seeking to utilize
development potential transfer is unreasonably delayed because utility
services are not available;
d.Prepare a real estate market analysis pursuant to section 12 of
P.L.2004, c.2 (C.40:55D-148) which examines the relationship between the
development rights anticipated to be generated in the sending zones and
the capacity of designated receiving zones to accommodate the necessary
development; and
e.Either receive approval of: (1) its initial petition for endorsement of
its master plan by the State Planning Commission pursuant to P.L.1985,
c.398 (C.52:18A-196 et seq.) and regulations adopted pursuant thereto
either individually, or as part of a county or regional plan, provided
that the petition included the development transfer ordinance and
supporting documentation, or (2) the development transfer ordinance and
supporting documentation as an amendment to a previously approved
petition for master plan endorsement by the State Planning Commission
pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) and regulations
adopted pursuant thereto.
L.2004,c.2,s.4.
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New Jersey Statutes 40:55D-77 - Generally
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Current as of:
2009
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The governing bodies of two or
more municipalities, independently or with the board or boards of chosen
freeholders of any county or counties in which such municipalities are
located or of any adjoining county or counties or the governing body of
any municipality and the board of chosen freeholders in which such
municipality is located, or the boards of chosen freeholders of any two
or more adjoining counties, may, by substantially similar ordinances or
resolutions, as the case may be, duly adopted by each of such governing
bodies within 6 calendar months after the adoption of the first such
ordinance or resolution after notice and hearing as herein required,
enter into a joint agreement providing for the joint administration of
any or all of the powers conferred upon each of the municipalities or
counties pursuant to this act. Such ordinance may also provide for
the establishment and appointment of a regional planning board, a
regional board of adjustment, or a joint building official, joint zoning
officer or other officials responsible for performance of administrative
duties in connection with any power exercised pursuant to this act.
L.1975, c. 291, s. 64, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-78 - Terms of joint agreement
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Current as of:
2009
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The ordinance shall, subject to this article, set forth the specific
duties to be exercised jointly; the composition, membership and manner of
appointment of any regional board including the representation of each
municipality or county; the qualifications and manner or appointment of
any joint building official, joint zoning officer or other joint
administrative officer; the term of office, the manner of financing, the
expenses of such joint exercise of powers, the share of financing to be
borne by each county and municipality joining therein, the duration of
such agreement and the manner in which such agreement may be terminated
or extended.
L.1975, c. 291, s. 65, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-45.3 - Submission of general development plan
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Current as of:
2009
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a. Any developer of a
parcel of land greater than 100 acres in size for which the developer is
seeking approval of a planned development pursuant to P.L. 1975, c. 291
(C. 40:55D-1 et seq.) may submit a general development plan to the
planning board prior to the granting of preliminary approval of that
development by the planning board pursuant to section 34 of P.L. 1975, c.
291 (C. 40:55D-46) or section 36 of P.L. 1975, c. 291 (C. 40:55D-48).
b. The planning board shall grant or deny general
development plan approval within 95 days after submission of a complete
application to the administrative officer, or within such further time as
may be consented to by the applicant. Failure of the planning board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
L. 1987, c. 129, s. 5.
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New Jersey Statutes 40:55D-141 - Development transfer plan element,
required inclusions
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New Jersey Statutes 40:55D-79 - Membership of regional boards
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Current as of:
2009
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Every joint agreement creating a
regional board under this article shall provide for a representative
member on such board for each constituent municipality or county and may
provide for additional representative members for any such constituent
municipality or county. The representative member or members on a
regional board for a constituent municipality shall be appointed by the
mayor.
Any such member, after a public hearing if he requests
one, may be removed for cause by the governing body of such constituent
municipality. The representative member or members of a regional board
for a constituent county shall be appointed by the board of chosen
freeholders of such county. Any such member, after public hearing if he
requests one, may be removed for cause by the board of chosen freeholders
of such constituent county. In addition to such members, any regional
planning board may adopt a resolution providing that the Commissioner of
the Department of Environmental Protection appoint as a member of the
regional planning board a representative of that department's Division of
Parks and Forestry and an additional member who shall be a resident of
the area served by the regional board but who shall not hold any public
office or position excepting an appointive membership on a municipal or
other planning board. Within 30 days of the adoption of such resolution
the commissioner shall make the appointments as requested.
L.1975, c. 291, s. 66, eff. Aug. 1, 1976. Amended by
L.1979, c. 216, s. 26.
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New Jersey Statutes 40:55D-45.4 - Modification of timing schedule
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Current as of:
2009
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In the event that the developer
seeks to modify the proposed timing schedule, such modification shall
require the approval of the planning board. The planning board shall, in
deciding whether or not to grant approval of the modification, take into
consideration prevailing economic and market conditions, anticipated and
actual needs for residential units and nonresidential space within the
municipality and the region, and the availability and capacity of public
facilities to accommodate the proposed development.
L. 1987, c. 129, s. 6.
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New Jersey Statutes 40:55D-142 - Procedure for municipality located in
pinelands area
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Current as of:
2009
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Counties, county planning agencies and county water resources associations
shall be authorized to provide technical assistance and planning grants
to municipalities to assist in the preparation and revision of municipal
storm water management plans and implementing ordinances pursuant to
section 1 of this supplementary act.
L.1981, c. 32, s. 7, eff. Feb. 12, 1981.
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New Jersey Statutes 40:55D-143 - Preparation, amendment of development
transfer ordinance
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-143 - Preparation, amendment of development
transfer ordinance
Current as of:
2009
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for updates
This act shall be known and may
be cited as "The Affordable Housing Act of 1983."
L.1983, c. 386, s. 1, eff. Jan. 1, 1984, operative
Dec. 22, 1983.
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New Jersey Statutes 40:55D-80 - Organization of regional boards; rules and
procedures
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Current as of:
2009
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This act and all development
regulations pursuant thereto shall be construed and applied with
reference to the nature and use of a condominium or cooperative
structures or uses without regard to the form of ownership. No
development regulation shall establish any requirement concerning the
use, location, placement or construction of buildings or other
improvements for condominiums or cooperative structures or uses unless
such requirement shall be equally applicable to all buildings and
improvements of the same kind not then or thereafter under the
condominium or cooperative corporate form of ownership. No approval
pursuant to this act shall be required as a condition precedent to the
recording of a condominium master deed or the sale of any unit therein
unless such approval shall also be required for the use or development of
the lands described in the master deed in the same manner had such lands
not been under the condominium form of ownership.
L.1975, c. 291, s. 46, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-45.5 - Variation approval
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Current as of:
2009
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Referral powers. a. Prior to the
adoption of a development regulation, revision, or amendment thereto, the
planning board shall make and transmit to the governing body, within 35
days after referral, a report including identification of any provisions
in the proposed development regulation, revision or amendment which are
inconsistent with the master plan and recommendations concerning these
inconsistencies and any other matters as the board deems appropriate. The
governing body, when considering the adoption of a development
regulation, revision or amendment thereto, shall review the report of the
planning board and may disapprove or change any recommendation by a vote
of a majority of its full authorized membership and shall record in its
minutes the reasons for not following such recommendation. Failure of the
planning board to transmit its report within the 35-day period provided
herein shall relieve the governing body from the requirements of this
subsection in regard to the proposed development regulation, revision or
amendment thereto referred to the planning board. Nothing in this section
shall be construed as diminishing the application of the provisions of
section 23 of P.L. 1975, c. 291 (C. 40:55D-32) to any official map or an
amendment or revision thereto or of subsection a. of section 49 of P.L.
1975, c. 291 (C. 40:55D-62) to any zoning ordinance or any amendment or revision
thereto.
b. The governing body may by ordinance provide for the
reference of any matter or class of matters to the planning board before
final action thereon by a municipal body or municipal officer having
final authority thereon, except of any matter under the jurisdiction of
the board of adjustment. Whenever the planning board shall have made a
recommendation regarding a matter authorized by this act to another
municipal body, such recommendation may be rejected only by a majority of
the full authorized membership of such other body.
L. 1975, c. 291, s. 17, eff. Aug. 1, 1976. Amended by L. 1984, c.
20, s. 7, eff. March 22, 1984; L. 1985, c. 516, s. 10.
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New Jersey Statutes 40:55D-45.6 - Revision of general development plan
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Current as of:
2009
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a. Except as provided
hereunder, once a general development plan has been approved by the
planning board, it may be amended or revised only upon application by the
developer approved by the planning board.
b. A developer, without violating the terms of the approval
pursuant to this act, may, in undertaking any section of the planned
development, reduce the number of residential units or amounts of
nonresidential floor space by no more than 15% or reduce the residential
density or nonresidential floor area ratio by no more than 15%; provided,
however, that a developer may not reduce the number of residential units
to be provided pursuant to P.L.1985, c. 222 (C. 52:27D-301 et al.),
without prior municipal approval.
L. 1987, c. 129, s. 8.
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New Jersey Statutes 40:55D-144 - Characteristics of sending zone
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Current as of:
2009
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The Legislature finds and
declares that:
a. The housing needs of many New Jersey citizens
remain unmet each year, exemplified by the fact that, in recent years,
only one-half of the estimated annual need for new housing units has been
actually constructed.
b. The costs of conventional housing construction,
mortgages, land and utilities have increased tremendously in recent years
making it increasingly difficult for certain segments of the population,
notably the elderly, families with young children, unmarried individuals,
and young couples, to afford suitable conventional housing.
c. Due to the conventional housing shortage in New
Jersey, the Legislature has a responsibility to encourage alternate means
of housing for New Jersey citizens.
d. The design, durability and appearance of
manufactured housing has improved significantly over the last decade so
that certain styles of manufactured homes are difficult, if not
impossible, to distinguish from conventional homes, and yet only 400 of
these manufactured homes were sold Statewide during 1982.
e. Despite these significant improvements, there has
not been a corresponding rapid escalation in the costs of manufactured
homes, with the result that these homes remain affordable for the general
population.
f. It is, therefore, in the public interest to promote
the use of manufactured homes as affordable housing in New Jersey.
L.1983, c. 386, s. 2, eff. Jan. 1, 1984, operative
Dec. 22, 1983.
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New Jersey Statutes 40:55D-81 - Expenses; staff and consultants
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Current as of:
2009
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The regional board or agency may
employ, or contract for and fix the compensation of legal counsel, other
than an attorney for a constituent municipality or county, and experts
and other staff and services, as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amounts agreed upon and appropriated
for its use.
L.1975, c. 291, s. 68, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-45.7 - Notification of completion
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Current as of:
2009
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a. Upon the completion of each section of the development as set
forth in the approved general development plan, the developer shall
notify the administrative officer, by certified mail, as evidence that
the developer is fulfilling his obligations under the approved plan. For
the purposes of this section, "completion" of any section of
the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential
structure, as set forth in the approved general development plan and
pursuant to section 15 of P.L.1975, c. 217 (C. 52:27D-133). If the
municipality does not receive such notification at the completion of any
section of the development, the municipality shall notify the developer,
by certified mail, in order to determine whether or not the terms of the
approved plan are being complied with.
If a developer does not complete any section of the development
within eight months of the date provided for in the approved plan, or if
at any time the municipality has cause to believe that the developer is
not fulfilling his obligations pursuant to the approved plan, the
municipality shall notify the developer, by certified mail, and the
developer shall have 10 days within which to give evidence that he is
fulfilling his obligations pursuant to the approved plan. The
municipality thereafter shall conduct a hearing to determine whether or
not the developer is in violation of the approved plan. If, after such a
hearing, the municipality finds good cause to terminate the approval, it
shall provide written notice of same to the developer and the approval
shall be terminated 30 days thereafter.
b. In the event that a developer who has general development
plan approval does not apply for preliminary approval for the planned
development which is the subject of that general development plan
approval within five years of the date upon which the general development
plan has been approved by the planning board, the municipality shall have
cause to terminate the approval.
L. 1987, c. 129, s. 9.
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New Jersey Statutes 40:55D-82 - Sharing of costs and expenses
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Current as of:
2009
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The apportionment of costs and expenses under any joint agreement may be
based upon apportionment valuations determined under R.S. 54:4-49, or
upon population, budgets and such other factor or factors, or any
combination thereof as provided in the agreement.
L.1975, c. 291, s. 69, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-145 - Characteristics of receiving zone
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Current as of:
2009
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9. a. A receiving zone shall be appropriate and
suitable for development and shall be at least sufficient to accommodate
all of the development potential of the sending zone, and at all times
there shall be a reasonable likelihood that a balance is maintained
between sending zone land values and the value of the transferable development
potential.
b.The development potential of the receiving zone shall be realistically
achievable, considering: (1) the availability of all necessary
infrastructure; (2) all of the provisions of the zoning ordinance
including those related to density, lot size and bulk requirements; and
(3) given local land market conditions as of the date of the adoption of
the development transfer ordinance.
c.The development potential of the receiving zone shall be consistent
with the criteria established pursuant to subsection b. of section 13 of
P.L.2004, c.2 (C.40:55D-149).
d.All infrastructure necessary to support the development of the
receiving zone as set forth in the zoning ordinance shall either exist or
be scheduled to be provided so that no development requiring the purchase
of transferable development potential shall be unreasonably delayed
because the necessary infrastructure will not be available due to any
action or inaction by the municipality.
e.No density increases may be achieved in a receiving zone without the
use of appropriate instruments of transfer.
L.2004,c.2,s.9.
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New Jersey Statutes 40:55D-146 - Provisions of development transfer
ordinance
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Current as of:
2009
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10.Except as
otherwise provided in this section, a development transfer ordinance
shall provide that, on granting a variance under subsection d. of section
57 of P.L.1975, c.291 (C.40:55D-70) that increases the development
potential of a parcel of property not in the designated receiving zone
for which the variance has been granted by more than 5%, that parcel of
property shall constitute a receiving zone and the provisions of the
ordinance for receiving zones shall apply with respect to the amount of
development potential required to implement that variance.
This section shall not apply to any development that fulfills the
definition of a minor site plan or minor subdivision.
L.2004,c.2,s.10.
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New Jersey Statutes 40:55D-83 - Termination of agreement
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Current as of:
2009
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Termination of a joint agreement
pursuant to section 65 of this act shall not be made effective earlier
than June 30 next succeeding the expiration of 12 full calendar months
following the decision to terminate; provided that such termination may
occur at an earlier date if the parties to the joint agreement
unanimously agree to such earlier date on or after the date of the
decision to terminate as provided by the joint agreement.
L.1975, c. 291, s. 70, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-45.8 - Approval terminated upon completion
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Current as of:
2009
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a. Notice by personal service or
certified mail shall be made to the clerk of an adjoining municipality of
all hearings on the adoption, revision or amendment of a development
regulation involving property situated within 200 feet of such adjoining
municipality at least 10 days prior to the date of any such hearing.
b. Notice by personal service or certified mail shall
be made to the county planning board of (1) all hearings on the adoption,
revision or amendment of any development regulation at least 10 days
prior to the date of the hearing, and (2) the adoption, revision or amendment
of the municipal capital improvement program or municipal official map
not more than 30 days after the date of such adoption, revision or
amendment. Any notice provided hereunder shall include a copy of the
proposed development regulation, the municipal official map or the
municipal capital program, or any proposed revision or amendment thereto,
as the case may be.
Notice of hearings to be held pursuant to this section
shall state the date, time and place of the hearing and the nature of the
matters to be considered. Any notice by certified mail pursuant to
this section shall be deemed complete upon mailing.
L.1975, c. 291, s. 7.4, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-84 - Regional planning board; powers
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Current as of:
2009
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A regional planning board shall prepare a master plan for the physical,
economic and social development of the region, as created pursuant to the
agreement, with elements similar to those mentioned in section 19, and
may make such additional surveys and studies as may be necessary to carry
out its duties. The governing body of any constituent municipality, by
ordinance, or the board of chosen freeholders of any constituent county,
by resolution, may delegate to the regional planning board, any or all of
the powers and duties of a municipal planning board, in the case of a
municipality, and, in the case of a county, any or all or the powers and
duties of a county planning board.
Notwithstanding any other provision of this act, no
application for development shall be required to be reviewed and approved
by both a regional planning board and the planning board of a constituent
municipality.
L.1975, c. 291, s. 71, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-147 - Issuance of instruments, adoption of
procedures relative to land use
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-147 - Issuance of instruments, adoption of
procedures relative to land use
Current as of:
2009
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11. a. A
development transfer ordinance shall provide for the issuance of such
instruments as may be necessary and the adoption of procedures for
recording the permitted use of the land at the time of the recording, the
separation of the development potential from the land, and the recording
of the allowable residual use of the land upon separation of the
development potential.
b.A development transfer ordinance shall specifically provide that upon
the transfer of development potential from a sending zone, the owner of
the property from which the development potential has been transferred
shall cause a statement containing the conditions of the transfer and the
terms of the restrictions of the use and development of the land to be
attached to and recorded with the deed of the land in the same manner as
the deed was originally recorded. These restrictions and conditions shall
state that any development inconsistent therewith is expressly
prohibited, shall run with the land, and shall be binding upon the
landowner and every successor in interest thereto.
c.The restrictions shall be expressly enforceable by the municipality and
the county in which the property is located, any interested party, and
the State of New Jersey.
d.All development potential transfers shall be recorded in the manner of
a deed in the book of deeds in the office of the county clerk or county
register of deeds and mortgages, as appropriate. This recording shall
specify the lot and block number of the parcel in the sending zone from
which the development potential was transferred and the lot and block
number of the parcel in the receiving zone to which the development
potential was transferred.
e.All development potential transfers also shall be recorded with the
State Transfer of Development Rights Bank in the Development Potential
Transfer Registry as required pursuant to section 5 of P.L.1993, c.339
(C.4:1C-53).
L.2004,c.2,s.11.
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New Jersey Statutes 40:55D-46 - Procedure for preliminary site plan
approval
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Current as of:
2009
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Filing of ordinances. Development
regulations, except for the official map, shall not take effect until a
copy thereof shall be filed with the county planning board. A zoning
ordinance or amendment or revision thereto which in whole or in part is
inconsistent with or not designed to effectuate the land use plan element
of the master plan shall not take effect until a copy of the resolution
required by subsection a. of section 49 of P.L. 1975, c. 291 (C.
40:55D-62) shall be filed with the county planning board. The secretary
of the county planning board shall within 10 days of the date of receipt
of a written request for copies of any development regulation make such
available to the party so requesting with said secretary's certification
that said copies are true copies and that all filed amendments and
resolutions are included. A reasonable charge may be made by the county
planning board for said copies.
The official map of the municipality shall not take effect until
filed with the county recording officer.
Copies of all development regulations and any revisions or amendments
thereto shall be filed and maintained in the office of the municipal
clerk.
L. 1975, c. 291, s. 7.5, eff. Aug. 1, 1976. Amended by L. 1985, c.
516, s. 6.
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New Jersey Statutes 40:55D-1 - Short title
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Current as of:
2009
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This act may be cited and referred to as the "Municipal Land Use
Law."
L.1975, c. 291, s. 1, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-46.1 - Minor site plan; approval
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Current as of:
2009
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14. An ordinance requiring,
pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), notice of
hearings on applications for development for conventional site plans, may
authorize the planning board to waive notice and public hearing for an
application for development, if the planning board or site plan
subcommittee of the board appointed by the chairman finds that the
application for development conforms to the definition of "minor
site plan." Minor site plan approval shall be deemed to be final
approval of the site plan by the board, provided that the board or said
subcommittee may condition such approval on terms ensuring the provision
of improvements pursuant to sections 29, 29.1, 29.3 and 41 of P.L.1975,
c.291 (C.40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53).
a. Minor site plan approval shall be granted or
denied within 45 days of the date of submission of a complete application
to the administrative officer, or within such further time as may be
consented to by the applicant. Failure of the planning board to act
within the period prescribed shall constitute minor site plan approval.
b. Whenever review or approval of the
application by the county planning board is required by section 8 of
P.L.1968, c.285 (C.40:27-6.6), the municipal planning board shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the county planning board or approval by the
county planning board by its failure to report thereon within the
required time period.
c. The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor site plan
approval was granted, shall not be changed for a period of two years
after the date of minor site plan approval. The planning board shall
grant an extension of this period for a period determined by the board
but not exceeding one year from what would otherwise be the expiration
date, if the developer proves to the reasonable satisfaction of the board
that the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other governmental entities and that the
developer applied promptly for and diligently pursued the approvals. A
developer shall apply for this extension before: (1) what would otherwise
be the expiration date, or (2) the 91st day after the date on which the
developer receives the last of the legally required approvals from the
other governmental entities, whichever occurs later.
L.1979,c.216,s.14; amended 1991,c.256,s.8.
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New Jersey Statutes 40:55D-85 - Regional board of adjustment
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Current as of:
2009
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A regional board of adjustment
shall consist of at least seven members. Each member shall be appointed
for a term of 4 years, except that of the first members to be appointed,
the term of at least one member shall expire at the end of every year. A
regional board of adjustment shall have all the powers of a municipal
board of adjustment of each of the constituent municipalities and, unless
otherwise specified herein, shall be subject to the provisions of this
act relating to municipal boards of adjustment. Except for determination
of matters pending before them at the time of creation of a regional
board of adjustment, the jurisdiction of all municipal boards of
adjustment in the constituent municipalities shall be terminated by the
regional board.
L.1975, c. 291, s. 72, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-2 - Purpose of the act
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New Jersey Statutes 40:55D-148 - Real estate market analysis
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Current as of:
2009
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12. a. Prior to the final adoption of a development
transfer ordinance or any significant amendment to an existing
development transfer ordinance, the planning board shall conduct a real
estate market analysis of the current and future land market which
examines the relationship between the development rights anticipated to
be generated in the sending zone and the likelihood of their utilization
in the designated receiving zone. The analysis shall include thorough
consideration of the extent of development projected for the receiving
zone and the likelihood of its achievement given current and projected
market conditions in order to assure that the designated receiving zone
has the capacity to accommodate the development rights anticipated to be
generated in the sending zone. The real estate market analysis shall
conform to rules and regulations adopted pursuant to subsection c. of
this section.
b.Upon completion of the real estate market analysis and at a meeting of
the planning board held prior to the meeting at which the development
transfer ordinance receives first reading, the planning board shall hold
a hearing on the real estate market analysis.
The hearing shall be held in accordance with the provisions of
subsections a. through f. of section 6 of P.L.1975, c.291 (C.40:55D-10).
c.The Commissioner of Community Affairs, in consultation with the board
of directors of the State Transfer of Development Rights Bank established
pursuant to section 3 of P.L.1993, c.339 (C.4:1C-51), shall within 180
days of the enactment of P.L.2004, c.2 (C.40:55D-137 et al.), adopt rules
and regulations which set forth the required contents of the real estate
market analysis.
L.2004,c.2,s.12.
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New Jersey Statutes 40:55D-47 - Minor subdivision
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Current as of:
2009
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35. a. Minor subdivision. An
ordinance requiring approval of subdivisions by the planning board may
authorize the planning board to waive notice and public hearing for an
application for development if the planning board or subdivision
committee of the board appointed by the chairman find that the
application for development conforms to the definition of "minor
subdivision" in section 3.2 of P.L.1975, c.291 (C.40:55D-5). Minor
subdivision approval shall be deemed to be final approval of the
subdivision by the board; provided that the board or said subcommittee
may condition such approval on terms ensuring the provision of
improvements pursuant to sections 29, 29.1, 29.2 and 41 of P.L.1975, c.291
(C.40:55D-38, C.40:55D-39, C.40:55D-40, and C.40:55D-53).
b. Minor subdivision approval shall be granted
or denied within 45 days of the date of submission of a complete
application to the administrative officer, or within such further time as
may be consented to by the applicant. Failure of the planning board to
act within the period prescribed shall constitute minor subdivision
approval and a certificate of the administrative officer as to the
failure of the planning board to act shall be issued on request of the
applicant; and it shall be sufficient in lieu of the written endorsement
or other evidence of approval, herein required, and shall be so accepted
by the county recording officer for purposes of filing subdivision plats.
c. Whenever review or approval of the
application by the county planning board is required by section 5 of
P.L.1968, c.285 (C.40:27-6.3), the municipal planning board shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the county planning board or approval by the
county planning board by its failure to report thereon within the
required time period.
d. Except as provided in subsection f. of this
section, approval of a minor subdivision shall expire 190 days from the
date on which the resolution of municipal approval is adopted unless
within such period a plat in conformity with such approval and the
provisions of the "Map Filing Law," P.L.1960, c.141
(C.46:23-9.9 et seq.), or a deed clearly describing the approved minor
subdivision is filed by the developer with the county recording officer,
the municipal engineer and the municipal tax assessor. Any such plat or
deed accepted for such filing shall have been signed by the chairman and
secretary of the planning board. In reviewing the application for
development for a proposed minor subdivision the planning board may be
permitted by ordinance to accept a plat not in conformity with the
"Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.);
provided that if the developer chooses to file the minor subdivision as
provided herein by plat rather than deed such plat shall conform with the
provisions of said act.
e. The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor
subdivision approval was granted, shall not be changed for a period of
two years after the date on which the resolution of minor subdivision
approval is adopted; provided that the approved minor subdivision shall
have been duly recorded as provided in this section.
f. The planning board may extend the 190-day
period for filing a minor subdivision plat or deed pursuant to subsection
d. of this section if the developer proves to the reasonable satisfaction
of the planning board (1) that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and (2) that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall be
equal to the period of delay caused by the wait for the required
approvals, as determined by the planning board. The developer may apply
for the extension either before or after what would otherwise be the
expiration date.
g. The planning board shall grant an extension
of minor subdivision approval for a period determined by the board but
not exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the board that
the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other governmental entities and that the developer
applied promptly for and diligently pursued the required approvals. A
developer shall apply for the extension before (1) what would otherwise
be the expiration date of minor subdivision approval or (2) the 91st day
after the develop
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New Jersey Statutes 40:55D-85.1 - Appeal to municipality of final decision
on application for development by regional planning board or zoning board
of adjustment
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-85.1 - Appeal to municipality of final decision on
application for development by regional planning board or zoning board of
adjustment
Current as of:
2009
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Prior to the hearing on adoption of a zoning ordinance, or any amendments
thereto, the governing body shall refer any such proposed ordinance or
amendment thereto to the planning board pursuant to subsection 17a. of
this act.
L.1975, c. 291, s. 51, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-149 - Submission by municipality prior to
adoption of ordinance to county planning board
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-149 - Submission by municipality prior to adoption
of ordinance to county planning board
Current as of:
2009
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for updates
Trailers shall not be subject to the provisions of this act.
L.1983, c. 386, s. 7, eff. Jan. 1, 1984, operative
Dec. 22, 1983.
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New Jersey Statutes 40:55D-3 - Definitions; shall, may; A to C
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Current as of:
2009
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3.For the
purposes of this act, unless the context clearly indicates a different
meaning:
The term "shall" indicates a mandatory requirement, and the
term "may" indicates a permissive action.
"Administrative officer" means the clerk of the municipality,
unless a different municipal official or officials are designated by ordinance
or statute.
"Agricultural land" means "farmland" as defined
pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).
"Applicant" means a developer submitting an application for
development.
"Application for development" means the application form and
all accompanying documents required by ordinance for approval of a
subdivision plat, site plan, planned development, conditional use, zoning
variance or direction of the issuance of a permit pursuant to section 25
or section 27 of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
"Approving authority" means the planning board of the
municipality, unless a different agency is designated by ordinance when
acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).
"Board of adjustment" means the board established pursuant to
section 56 of P.L.1975, c.291 (C.40:55D-69).
"Building" means a combination of materials to form a
construction adapted to permanent, temporary, or continuous occupancy and
having a roof.
"Cable television company" means a cable television company as
defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Capital improvement" means a governmental acquisition of real
property or major construction project.
"Circulation" means systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by such
means as streets, highways, railways, waterways, towers, airways, pipes
and conduits, and the handling of people and goods by such means as
terminals, stations, warehouses, and other storage buildings or
transshipment points.
"Common open space" means an open space area within or related
to a site designated as a development, and designed and intended for the
use or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as are
necessary and appropriate for the use or enjoyment of residents and
owners of the development.
"Conditional use" means a use permitted in a particular zoning
district only upon a showing that such use in a specified location will
comply with the conditions and standards for the location or operation of
such use as contained in the zoning ordinance, and upon the issuance of
an authorization therefor by the planning board.
"Conventional" means development other than planned
development.
"County agriculture development board" or "CADB"
means a county agriculture development board established by a county
pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).
"County master plan" means a composite of the master plan for
the physical development of the county in which the municipality is
located, with the accompanying maps, plats, charts and descriptive and
explanatory matter adopted by the county planning board pursuant to R.S.40:27-2
and R.S.40:27-4.
"County planning board" means the county planning board, as
defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in
which the land or development is located.
L.1975,c.291,s.3; amended 1979, c.216, s.2; 1984, c.20, s.1; 1991, c.412,
s.1; 2004, c.2, s.32.
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New Jersey Statutes 40:55D-4 - Definitions; D to L
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Current as of:
2009
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3.1."Days" means calendar days.
"Density" means the permitted number of dwelling units per
gross area of land to be developed.
"Developer" means the legal or beneficial owner or owners of a
lot or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
"Development" means the division of a parcel of land into two
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of land,
for which permission may be required pursuant to this act.
"Development potential" means the maximum number of dwelling
units or square feet of nonresidential floor area that may be constructed
on a specified lot or in a specified zone under the master plan and land
use regulations in effect on the date of the adoption of the development
transfer ordinance, and in accordance with recognized environmental
constraints.
"Development regulation" means a zoning ordinance, subdivision
ordinance, site plan ordinance, official map ordinance or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to this act.
"Development transfer" or "development potential
transfer" means the conveyance of development potential, or the
permission for development, from one or more lots to one or more other
lots by deed, easement, or other means as authorized by ordinance.
"Development transfer bank" means a development transfer bank
established pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the
State TDR Bank.
"Drainage" means the removal of surface water or groundwater
from land by drains, grading or other means and includes control of
runoff during and after construction or development to minimize erosion
and sedimentation, to assure the adequacy of existing and proposed
culverts and bridges, to induce water recharge into the ground where
practical, to lessen nonpoint pollution, to maintain the integrity of
stream channels for their biological functions as well as for drainage,
and the means necessary for water supply preservation or prevention or
alleviation of flooding.
"Environmental commission" means a municipal advisory body
created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).
"Erosion" means the detachment and movement of soil or rock
fragments by water, wind, ice and gravity.
"Final approval" means the official action of the planning board
taken on a preliminarily approved major subdivision or site plan, after
all conditions, engineering plans and other requirements have been
completed or fulfilled and the required improvements have been installed
or guarantees properly posted for their completion, or approval
conditioned upon the posting of such guarantees.
"Floor area ratio" means the sum of the area of all floors of
buildings or structures compared to the total area of the site.
"General development plan" means a comprehensive plan for the
development of a planned development, as provided in section 4 of
P.L.1987, c.129 (C.40:55D-45.2).
"Governing body" means the chief legislative body of the
municipality. In municipalities having a board of public works,
"governing body" means such board.
"Historic district" means one or more historic sites and
intervening or surrounding property significantly affecting or affected
by the quality and character of the historic site or sites.
"Historic site" means any real property, man-made structure,
natural object or configuration or any portion or group of the foregoing
of historical, archeological, cultural, scenic or architectural
significance.
"Inherently beneficial use" means a use which is universally
considered of value to the community because it fundamentally serves the
public good and promotes the general welfare. Such a use includes, but is
not limited to, a hospital, school, child care center, group home, or a
wind, solar or photovoltaic energy facility o
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New Jersey Statutes 40:55D-48 - Procedure for preliminary major subdivision
approval
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Current as of:
2009
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for updates
a. An ordinance requiring subdivision approval by the planning board
shall require that the developer submit to the administrative officer a
plat and such other information as is reasonably necessary to make an
informed decision as to whether the requirements necessary for
preliminary approval have been met; provided that minor
subdivisions pursuant to section 35 of this act shall not be subject to
this section. The plat and any other engineering documents to be
submitted shall be required in tentative form for discussion purposes for
preliminary approval.
b. If the planning board required any substantial
amendment in the layout of improvements proposed by the developer that
have been the subject of a hearing, an amended application shall be
submitted and proceeded upon, as in the case of the original application
for development. The planning board shall, if the proposed subdivision
complies with the ordinance and this act, grant preliminary approval to
the subdivision.
c. Upon the submission to the administrative officer
of a complete application for a subdivision of 10 or fewer lots, the
planning board shall grant or deny preliminary approval within 45 days of
the date of such submission or within such further time as may be
consented to by the developer. Upon the submission of a complete
application for a subdivision of more than 10 lots, the planning board
shall grant or deny preliminary approval within 95 days of the date of
such submission or within such further time as may be consented to by the
developer. Otherwise, the planning board shall be deemed to have granted
preliminary approval to the subdivision.
L.1975, c. 291, s. 36, eff. Aug. 1, 1976. Amended by
L.1979, c. 216, s. 16; L.1984, c. 20, s. 9, eff. March 22, 1984.
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New Jersey Statutes 40:55D-150 - Formal comments, recommendation of county
planning board
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-150 - Formal comments, recommendation of county
planning board
Current as of:
2009
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for updates
1. a. The governing body of any county authorized pursuant to law to
establish a development transfer bank, and which has funded that bank at
least to the minimum extent required by law, may identify a buffer zone
around any solid waste facility or sludge management facility located
within the county, and the county development transfer bank, utilizing
funds in that bank, may purchase or otherwise acquire the development
potential of all or any part of the buffer zone, notwithstanding whether
or not the municipality or municipalities within which the buffer zone is
located has adopted a development transfer ordinance where authorized
pursuant to law. The county development transfer bank may sell, exchange,
or otherwise convey any such development potential purchased or otherwise
acquired by the county development transfer bank, where authorized
pursuant to law.
b. As used in this section:
"Development potential" means the same as that term is
defined pursuant to section 3 of P.L.1989, c.86 (C.40:55D-115).
"Development transfer" means the same as that term is
defined pursuant to section 3 of P.L.1989, c.86 (C.40:55D-115).
"Solid waste facility" means the same as that term is
defined pursuant to section 3 of P.L.1970, c.39 (C.13:1E-3).
"Sludge" means the solid residue and associated liquid
resulting from physical, chemical, or biological treatment of domestic or
industrial wastewater.
"Sludge management facility" means any facility
established for the purpose of managing, processing, or disposing of
sludge.
"Wastewater" means residential, commercial, industrial,
or agricultural liquid waste, sewage, or stormwater runoff, or any
combination thereof, or other residue discharged to or collected by a
sewerage system.
L.1994,c.151.
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New Jersey Statutes 40:55D-86 - Appointment of joint building officials,
zoning officers and planning administrative officers
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-86 - Appointment of joint building officials,
zoning officers and planning administrative officers
Current as of:
2009
Check
for updates
The governing bodies of two or
more constituent municipalities may provide by agreement, pursuant to
procedures set forth herein, for the appointment of a joint building
official, zoning officer, planning administrative officer or any thereof,
and any other personnel necessary for the enforcement of the provisions
of this act.
L.1975, c. 291, s. 73, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-151 - Review by Office of Smart Growth
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Current as of:
2009
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for updates
15.When the Office of Smart Growth receives a
petition pursuant to subsection c. of section 14 of P.L.2004, c.2
(C.40:55D-150), it shall review the petition, the record of comment of
the county planning board, any supporting documentation submitted by the
municipality, and any comments received from property owners in the
sending or receiving zones and other members of the public. Within 60
days after receipt of the petition, the Office of Smart Growth shall
approve, approve with conditions, or disapprove the proposed development
transfer ordinance, stating in writing the reasons therefor. The basis
for review by the Office of Smart Growth shall be:
a.compliance of the proposed development transfer ordinance with the
provisions of P.L.2004, c.2 (C.40:55D-137 et al.);
b.accuracy of the information developed in the proposed development
transfer ordinance, the development transfer and utility service plan
elements of the master plan adopted pursuant to section 19 of P.L.1975,
c.291 (C.40:55D-28), the real estate market analysis and capital
improvement program adopted pursuant to section 20 of P.L.1975, c.291
(C.40:55D-29);
c.an assessment of the potential for successful implementation of the
proposed development transfer ordinance; and
d.consistency with any plan that applies to the municipality that has
been endorsed by the State Planning Commission pursuant to P.L.1985,
c.398 (C.52:18A-196 et al.) and its implementing regulations.
L.2004,c.2,s.15.
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New Jersey Statutes 40:55D-48.1 - Application by corporation or
partnership; list of stockholders owning 10% of stock or 10% interest in
partnership
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-48.1 - Application by corporation or partnership;
list of stockholders owning 10% of stock or 10% interest in partnership
Current as of:
2009
Check
for updates
A corporation or partnership applying to a planning board or a board of
adjustment or to the governing body of a municipality for permission to
subdivide a parcel of land into six or more lots, or applying for a
variance to construct a multiple dwelling of 25 or more family units or
for approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest in
the partnership, as the case may be.
L.1977, c. 336, s. 1, eff. Jan. 24, 1978.
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New Jersey Statutes 40:55D-5 - Definitions; M to O
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Current as of:
2009
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for updates
16. The tourism development fee
shall be due and payable in the manner prescribed in the ordinance
establishing the fee.
L.1992,c.165,s.16.
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New Jersey Statutes 40:55D-87 - Joint administrative functions
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Current as of:
2009
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for updates
The building official, zoning
office and planning administration functions, or any thereof, or a joint
office shall be exercised in the same manner, to the same extent and with
the same obligation to attend and report to the governing bodies, boards,
communities and officials of each of the several municipalities as though
such functions were exercised in each municipality separately, and all
records for each of the municipalities shall be maintained separately and
shall be available for public inspection pursuant to law.
Except as otherwise provided by joint agreement, any
person or persons who may hereafter be appointed as a joint building
official, zoning officer or planning administrative officer shall serve
at the pleasure of the regional planning board.
L.1975, c. 291, s. 74, eff. Aug. 1, 1976.
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New Jersey Statutes 40:55D-152 - Approval of municipal petition; appeal
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Current as of:
2009
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for updates
16.If the Office of Smart Growth determines, in
response to a municipal petition submitted pursuant to subsection c. of
section 14 of P.L.2004, c.2 (C.40:55D-150), that the proposed development
transfer ordinance may be approved, the municipality may proceed with
adoption of the proposed ordinance. If the Office of Smart Growth determines
that the proposed ordinance may be approved with conditions, the Office
of Smart Growth shall make such recommendations as may be necessary for
the proposed ordinance to be approved. The municipality shall not adopt
the proposed ordinance unless the changes recommended by the Office of
Smart Growth have been included in the proposed ordinance. If the Office
of Smart Growth determines that the development transfer ordinance should
be disapproved, the municipality may not proceed with adoption of the proposed
ordinance.
The decision by the Office of Smart Growth on the petition shall have the
effect of a final agency action and any appeal of that decision shall be
made directly to the Appellate Division of the Superior Court.
L.2004,c.2,s.16.
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New Jersey Statutes 40:55D-6 - Definitions; P to R
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Current as of:
2009
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for updates
3.3. "Party immediately concerned" means
for purposes of notice any applicant for development, the owners of the
subject property and all owners of property and government agencies
entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).
"Performance guarantee" means any security, which may be
accepted by a municipality, including but not limited to surety bonds,
letters of credit under the circumstances specified in section 16 of P.L.1991,
c.256 (C.40:55D-53.5), and cash.
"Planned commercial development" means an area of a minimum
contiguous or noncontiguous size as specified by ordinance to be
developed according to a plan as a single entity containing one or more
structures with appurtenant common areas to accommodate commercial or
office uses or both and any residential and other uses incidental to the
predominant use as may be permitted by ordinance.
"Planned development" means planned unit development, planned
unit residential development, residential cluster, planned commercial
development or planned industrial development.
"Planned industrial development" means an area of a minimum
contiguous or noncontiguous size as specified by ordinance to be
developed according to a plan as a single entity containing one or more
structures with appurtenant common areas to accommodate industrial uses
and any other uses incidental to the predominant use as may be permitted
by ordinance.
"Planned unit development" means an area with a specified
minimum contiguous or noncontiguous acreage of 10 acres or more to be
developed as a single entity according to a plan, containing one or more
residential clusters or planned unit residential developments and one or
more public, quasi-public, commercial or industrial areas in such ranges
of ratios of nonresidential uses to residential uses as shall be
specified in the zoning ordinance.
"Planned unit residential development" means an area with a
specified minimum contiguous or noncontiguous acreage of five acres or
more to be developed as a single entity according to a plan containing
one or more residential clusters, which may include appropriate
commercial, or public or quasi-public uses all primarily for the benefit
of the residential development.
"Planning board" means the municipal planning board established
pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).
"Plat" means a map or maps of a subdivision or site plan.
"Preliminary approval" means the conferral of certain rights
pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46;
C.40:55D-48; and C.40:55D-49) prior to final approval after specific
elements of a development plan have been agreed upon by the planning
board and the applicant.
"Preliminary floor plans and elevations" means architectural
drawings prepared during early and introductory stages of the design of a
project illustrating in a schematic form, its scope, scale and
relationship to its site and immediate environs.
"Public areas" means (1) public parks, playgrounds, trails,
paths and other recreational areas; (2) other public open spaces; (3)
scenic and historic sites; and (4) sites for schools and other public
buildings and structures.
"Public development proposal" means a master plan, capital
improvement program or other proposal for land development adopted by the
appropriate public body, or any amendment thereto.
"Public drainage way" means the land reserved or dedicated for
the installation of storm water sewers or drainage ditches, or required
along a natural stream or watercourse for preserving the biological as
well as drainage function of the channel and providing for the flow of
water to safeguard the public against flood damage, sedimentation and
erosion and to assure the adequacy of existing and proposed culverts and
bridges, to induce water recharge into the ground where practical, and to
lessen nonpoint pollution.
"Public open space" means an open space area conveyed or
otherwise dedicated to a municipality, municipal agency, board of
education, State or county agency, or other public body for recreational
or conservational uses.
"Public utility" means any public utility regulated by the
Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.
"Quorum" means the majority of the full a
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New Jersey Statutes 40:55D-48.2 - Disclosure of 10% ownership interest of
corporation or partnership which is 10% owner of applying corporation or
partnership
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New Jersey
Statutes > Title
40 > Chapter
55D > § 40:55D-48.2 - Disclosure of 10% ownership interest of
corporation or partnership which is 10% owner of applying corporation or
partnership
Current as of:
2009
Check
for updates
If a corporation or partnership owns 10% or more of the stock of a
corporation, or 10% or greater interest in a partnership, subject to
disclosure pursuant to section 1 of this act, that corporation or
partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or of 10% or greater interest in the
partnership, as the case may be, and this requirement shall be followed
by every corporate stockholder or partner in a partnership, until the
names and addresses of the noncorporate stockholders and individual
partners, exceeding the 10% ownership criterion established in this act,
have been listed.
L.1977, c. 336, s. 2, eff. Jan. 24, 1978.
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