reglab/housing_qa huggingface dataset:
NJ Rev Stat § 40:55D-120 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-120 - Review of ordinance

40:55D-120. Review of ordinance  a. Prior to adoption of the development transfer ordinance, the municipality shall submit a copy of the proposed ordinance, copies of all reports and plans prepared pursuant to section 5 of this act, and proposed municipal master plan changes necessary for the enactment of the development transfer ordinance to the county planning board. If the ordinance and master plan changes involve agricultural land, then the Burlington County Agriculture Development Board shall also be provided information identical to that provided to the county planning board.  b. The county planning board, upon receiving the development transfer ordinance and accompanying documentation, shall conduct a review of the ordinance with regard to the following criteria: (1) consistency with the adopted master plan of the county; (2) support of regional objectives for agricultural land preservation, natural resource management and protection, historic or architectural conservation, or the preservation of other public values as enumerated in subsection b. of section 6 of this act;  (3) consistency with reasonable population and economic forecasts for the county; (4) adequacy of present or proposed infrastructure for concentrated growth; and (5) sufficiency of the receiving zone to accommodate the development potential that may be transferred from sending zones and a reasonable assurance of marketability of any instruments of transfer that may be created. c. Any municipality located in whole or in part in the pinelands area, as defined in P.L.1979, c.111 (C.13:18A-1 et seq.), shall also submit the proposed development transfer ordinance, reports and plans, and master plan changes to the Pinelands Commission for review. The Pinelands Commission shall determine whether the ordinance is compatible with the pinelands development credit program implemented pursuant to P.L.1985, c.310 (C.13:18A-30 et seq.) and is otherwise consistent with the comprehensive management plan adopted by the Pinelands Commission pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.). If the commission determines that the development transfer ordinance is not compatible or consistent, the commission shall make such recommendations as may be necessary to conform the ordinance with the comprehensive management plan. The municipality shall not adopt the ordinance unless the changes recommended by the Pinelands Commission have been included in the ordinance.  L.1989,c.86,s.8.
NJ Rev Stat § 40:55D-121 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-121 - Review, recommendations by county planning board, CADB, Office of State Planning

40:55D-121. Review, recommendations by county planning board, CADB, Office of State Planning  a. Within 60 days of receiving the development transfer ordinance and accompanying documentation, the county planning board shall submit to the municipality formal comments detailing its review and shall either recommend or not recommend enactment of the development transfer ordinance. If enactment of the ordinance is recommended, the municipality may proceed with adoption of the ordinance. Failure to recommend or not recommend enactment of the ordinance within the 60-day period shall constitute recommendation of the ordinance.  b. The CADB shall review the development transfer ordinances and accompanying documentation within 30 days of receipt thereof, and shall submit such written recommendations as it deems appropriate, to the county planning board.  c. If the county planning board does not recommend enactment, the reasons therefor shall be clearly stated in their formal comments. If the objections of the county planning board cannot be resolved to the satisfaction of both the municipality and the county planning board within an additional 30 days, the municipality shall petition the Office of State Planning to render a final determination. In the event that a development transfer ordinance involves agricultural land, the municipality shall petition the Office of State Planning for a final determination.  d. The Office of State Planning shall review the record of comment of the county planning board, and the development transfer ordinance and supporting documentation, and within 60 days approve, approve with conditions, or disapprove the transfer ordinance stating in writing the reasons therefor. Failure of the Office of State Planning to approve, approve with conditions, or disapprove the development transfer ordinance within the 60-day period constitutes approval of the ordinance. The basis for review by the Office of State Planning shall be:  (1) compliance of the development transfer ordinance with the provisions of this act, (2) accuracy of the information developed in the report and plans prepared pursuant to subsections a., b., and c. of section 5 of this act; and (3) an assessment of the potential of successful implementation of the development transfer ordinance. L.1989,c.86,s.9.
NJ Rev Stat § 40:55D-122 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-122 - Recording of transfer; record to assessor; taxation

40:55D-122. Recording of transfer; record to assessor; taxation  a. All development transfers shall be recorded in the manner of a deed in the book of deeds in the office of the Burlington county clerk. 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.  b. The county clerk shall transmit to the assessor of the municipality in which a development transfer has occurred a record of the transfer and all pertinent information required to value, assess, and tax the properties subjectto the transfer in a manner consistent with subsection c. of this section.  c. Property from which and to which development potential has been transferred shall be assessed at its fair market value reflecting this development transfer. Development potential that has been removed from a sending zone but has not yet been employed in a receiving zone shall not be assessed for real property taxation. Nothing in this act shall be construed to affect, or in any other way alter, the valuation assessment, or taxation of land that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).  d. Property in a sending or receiving zone that has been subject to a development transfer shall be newly valued, assessed, and taxed as of October 1 next following the development transfer.  e. Development potential that has been conveyed from a property pursuant to this act is not subject to the fee imposed pursuant to P.L.1968, c.49 (C.46:15-5 et seq.).  L.1989,c.86,s.10.
NJ Rev Stat § 40:55D-124 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-124 - Repeal of development transfer ordinance

40:55D-124. Repeal of development transfer ordinance  a. If the development transfer ordinance is repealed, the municipality shall, by ordinance, amend its master plan to reflect the repeal and shall provide for continued use of development transfers that have been separated from a sending zone but which have not yet been redeemed by transfer to a receiving zone by establishing density bonuses for development transfers to designated areas of the municipality for a period of not less than 10 years.  b. The repeal of a development transfer ordinance shall in no way rescind or otherwise affect the restrictions imposed and recorded pursuant to section 7 of this act on the use of the land from which the development potential has been transferred, unless all of the municipal, county, or State agencies to whom the deed restrictions run and whose funds were used to purchase the easement agree that it is in the public interest to release the restrictions.  L.1989,c.86,s.12.
NJ Rev Stat § 40:55D-125.1 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-125.1 - Solid waste facility buffer zone; definitions

40:55D-125.1. Solid waste facility buffer zone; definitions  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.
NJ Rev Stat § 40:55D-126 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-126 - Sale of development potential

40:55D-126. Sale of development potential  14. If the governing body of Burlington County provides for the acquisition of a development easement under the provisions of P.L.1983, c.32 (C.4:1C-11 et al.), it may sell the development potential associated with the development easement subject to the terms and conditions of the development transfer ordinance adopted pursuant to this act; provided that if the development easement was purchased using moneys provided under the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276, a percentage of all revenues generated through the resale of the development potential shall be refunded to the State in an amount equal to the State's percentage contribution to the original development easement purchase. Notwithstanding the foregoing, such refund shall not be paid to the State in the event the State Treasurer determines that such refund would adversely affect the tax-exempt status of any bonds authorized pursuant to the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276. This repayment shall be made within 90 days after the end of the calendar year in which the sale occurs.  L.1989,c.86,s.14; amended 1993,c.339,s.9.
NJ Rev Stat § 40:55D-127 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-127 - Right to bargain for equitable interest

40:55D-127. Right to bargain for equitable interest  Notwithstanding any other provision of this act or of any other applicable law, nothing in this act shall be construed to limit or foreclose the right of a sending zone transferor or a receiving zone transferee of a development transfer pursuant to this act to bargain, wholly or partially in lieu of a cash sale price, for an equitable interest in any development in which the transfer may be used.  Any contract or conveyance of development potential in which the consideration for the transaction is, in whole or in part, an equitable interest remaining in the grantor, shall be a recordable instrument to be recorded consistent with the applicable provisions of Title 46 of the Revised Statutes.  L.1989,c.86,s.17.
NJ Rev Stat § 40:55D-128 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-128 - Farm benefits rights

40:55D-128. Farm benefits rights  Agricultural land involved in an approved development transfer ordinance shall be provided the right to farm benefits under P.L.1983, c.32 (C.4:1C-11 et al.) and other benefits that may be provided pursuant to P.L.1983, c.31 (C.4:1C-1 et al.).  L.1989,c.86,s.18.
NJ Rev Stat § 40:55D-129 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-129 - Reports; analysis

40:55D-129. Reports; analysis  a. The governing body of a municipality which adopts a development transfer ordinance shall annually prepare and submit a report on the operation of the development transfer ordinance to the county planning board.  b. The county planning board shall submit copies of these reports along with an analysis of the effectiveness of the ordinances in achieving the purposes of this act to the State Planning Commission on July 1 of the third year next following enactment of this act.  c. The State Planning Commission shall submit, to the Governor, the President of the Senate, and to the Speaker of the General Assembly 90 days subsequent to receiving the report from the Burlington county planning board, copies of its analysis along with its recommendations as to the advisability of enacting transfer of development rights enabling legislation on a Statewide basis.  L.1989,c.86,s.19.
NJ Rev Stat § 40:55D-130 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-130 - Short title

40:55D-130. Short title  1. This act shall be known and may be cited as the "Permit Extension Act."  L.1992,c.82,s.1.
NJ Rev Stat § 40:55D-134 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-134 - Extension of project exemption

40:55D-134. Extension of project exemption  5. a. (1) Except as otherwise provided in this section, nothing in this act shall have the effect of extending any project exemption granted pursuant to subsection d. of section 4 of the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-4).  (2) This act shall automatically extend any project exemption granted pursuant to subsection d. of section 4 of P.L.1987, c.156 (C.13:9B-4) from the requirements of section 16 of P.L.1987, c.156 to maintain a transition area adjacent to freshwater wetlands, if the freshwater wetlands which would be affected by the project are not freshwater wetlands of exceptional resource value.  b. Any person who may be eligible for an automatic extension pursuant to the provisions of subsection a. of this section may submit an application to the Department of Environmental Protection and Energy for a determination of whether the freshwater wetlands affected by the project are freshwater wetlands of exceptional resource value as defined by the Department of Environmental Protection and Energy pursuant to P.L.1987, c.156 and any rules and regulations adopted pursuant thereto. This application shall be limited to a description of the location of the project by lot and block number and a delineation of the wetlands affected by the project. If the Department of Environmental Protection and Energy does not make a determination requested pursuant to this subsection within 90 days of receipt of the application therefor, the freshwater wetlands shall be deemed to not be of exceptional resource value. The Office of Administrative Law shall provide for expedited appeal by the applicant of any determination that the freshwater wetlands affected by a project potentially eligible for an automatic extension pursuant to the provisions of subsection a. of this section are classified as freshwater wetlands of exceptional resource value.  c. In the event the Department of Environmental Protection and Energy obtains additional information clearly and convincingly demonstrating that a freshwater wetlands previously determined by the Department of Environmental Protection and Energy or otherwise deemed to not be of exceptional resource value are actually freshwater wetlands of exceptional resource value, the Department of Environmental Protection and Energy may, within one year after the date of its original determination or the date on which the freshwater wetlands were deemed not to be of exceptional resource value, reclassify the freshwater wetlands as a freshwater wetlands of exceptional resource value, and require compliance with the requirements of section 16 of P.L.1987, c.156 to maintain a transition area adjacent to freshwater wetlands. This subsection shall not apply to any project the actual construction of which has commenced at the time the Department of Environmental Protection and Energy provides notice to the applicant that the previous wetlands resource classification may be modified.  L.1992,c.82,s.5.
NJ Rev Stat § 40:55D-135 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-135 - Notice

40:55D-135. Notice  6. State agencies shall, within 30 days after the effective date of this act, place a notice in the New Jersey Register extending all approvals in conformance with this act.  L.1992,c.82,s.6.
NJ Rev Stat § 40:55D-136 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136 - Liberal construction

40:55D-136. Liberal construction  7. The provisions of this act shall be liberally construed to effectuate the purposes of this act.  L.1992,c.82,s.7.
NJ Rev Stat § 40:55D-136.1 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.1 - Short title.

40:55D-136.1 Short title.  1. This act shall be known and may be cited as the "Permit Extension Act of 2008." L.2008, c.78, s.1.
NJ Rev Stat § 40:55D-136.5 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.5 - Notice.

40:55D-136.5 Notice.  5. State agencies shall, within 30 days after the effective date of P.L.2008, c.78 (C.40:55D-136.1 et seq.), and within 30 days after the effective date of any subsequent amendment and supplement thereto, place a notice in the New Jersey Register tolling approvals in the Superstorm Sandy-impacted counties, as defined in section 3 of P.L.2008, c.78 (C.40:55D-136.3) in conformance with P.L.2008, c.78 (C.40:55D-136.1 et seq.). L.2008, c.78, s.5; amended 2012, c.48, s.4; 2016, c.14, s.3.
NJ Rev Stat § 40:55D-136.6 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.6 - Liberal construction.

40:55D-136.6 Liberal construction.  6. The provisions of this act shall be liberally construed to effectuate the purposes of this act, and any subsequent amendment and supplement thereto. L.2008, c.78, s.6; amended 2012, c.48, s.5.
NJ Rev Stat § 40:55D-136.7 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.7 - Short title.

40:55D-136.7 Short title.  1. P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be known and may be cited as the "Permit Extension Act of 2020." L.2020, c.53, s.1.
NJ Rev Stat § 40:55D-136.8 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.8 - Findings, declarations.

40:55D-136.8 Findings, declarations.  2. The Legislature finds and declares that: a. COVID-19 is a contagious, and at times, fatal, respiratory disease caused by the SARS-CoV-2 virus first discovered in the city of Wuhan, Hubei Province, People's Republic of China, and quickly spread to multiple other countries, including the United States, and has severely impacted residents of the State of New Jersey; b. Due to the potential risk of COVID-19 to residents of New Jersey, by way of Executive Order No. 103, Governor Philip D. Murphy declared that a State of Emergency and a Public Health Emergency exists in the State of New Jersey; c. To limit the spread of COVID-19, it has become imperative for governments, institutions, businesses, organizations, and people throughout New Jersey to implement strict social distancing measures and take other precautions to reduce the public health impacts of the disease;  d. Due to the impacts of COVID-19, and protective measures necessary to avoid its further spread, much government, business, and economic activity has been halted, disrupted, or delayed;  e. These delays have adversely impacted real estate developers and redevelopers, including homebuilders and commercial, office, and industrial developers, whose projects may be held in abeyance as a result of the COVID-19 pandemic. Many of these projects have already received myriad governmental permits and approvals, which are expensive and time-consuming to obtain;  f. Obtaining an extension of an approval pursuant to existing statutory or regulatory provisions can be both costly in terms of time and financial resources; moreover, the costs imposed may fall on the public as well as the private sector; and  g. It is therefore appropriate, and the purpose of P.L.2020, c.53 (C.40:55D-136.7 et seq.), to toll the term of certain permits and approvals during the COVID-19 extension period in order to prevent the wholesale abandonment of approved projects and activities due to the present unfavorable economic conditions, thereby preventing a waste of public and private resources and allowing for the quick resumption of projects when it is safe to restart normal business and government activity. L.2020, c.53, s.2.
NJ Rev Stat § 40:55D-136.11 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.11 - Administrative consent order not affected.

40:55D-136.11 Administrative consent order not affected.  5. P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall not affect any administrative consent order issued by the Department of Environmental Protection in effect or issued during the COVID-19 extension period, nor shall it be construed to extend any approval in connection with a resource recovery facility as defined in section 2 of P.L.1985, c.38 (C.13:1E-137). L.2020, c.53, s.5.
NJ Rev Stat § 40:55D-136.12 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-136.12 - Commissioner's authority unaffected.

40:55D-136.12 Commissioner's authority unaffected.  6. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall affect the ability of the Commissioner of Environmental Protection to revoke or modify a specific permit or approval, or extension thereof pursuant to P.L.2020, c.53 (C.40:55D-136.7 et seq.), when that specific permit or approval or the commissioner's underlying statutory or regulatory authority contains language authorizing the modification or revocation of the permit or approval by the department. L.2020, c.53, s.6.