reglab/housing_qa huggingface dataset:
NJ Rev Stat § 40:55D-101 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-101 - Legislative findings and declarations

40:55D-101. Legislative findings and declarations  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.
NJ Rev Stat § 40:55D-103 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-103 - Manufactured homes on land with title in owner

40:55D-103. Manufactured homes on land with title in owner  A municipal agency may allow manufactured homes on land the title to which is owned by the manufactured home owner. L.1983, c. 386, s. 4, eff. Jan. 1, 1984, operative Dec. 22, 1983.
NJ Rev Stat § 40:55D-104 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-104 - Prohibition of use by municipal agency of discriminatory development regulations to exclude or restrict

40:55D-104. Prohibition of use by municipal agency of discriminatory development regulations to exclude or restrict  A municipal agency shall not exclude or restrict, through its development regulations, the use, location, placement, or joining of sections of manufactured homes which are not less than 22 feet wide, are on land the title to which is held by the manufactured home owner, and are located on permanent foundations, unless those regulations shall be equally applicable to all buildings and structures of similar use. L.1983, c. 386, s. 5, eff. Jan. 1, 1984, operative Dec. 22, 1983.
NJ Rev Stat § 40:55D-105 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-105 - Review and approval of development regulations by municipal agency; determination of mobile home parks as means of affordable housing

40:55D-105. Review and approval of development regulations by municipal agency; determination of mobile home parks as means of affordable housing  When reviewing and approving development regulations pertaining to residential development, a municipal agency is to be encouraged to review those regulations to determine whether or not mobile home parks are a practicable means of providing affordable housing in the municipality. L.1983, c. 386, s. 6, eff. Jan. 1, 1984, operative Dec. 22, 1983.
NJ Rev Stat § 40:55D-106 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-106 - Trailers; inapplicability of act

40:55D-106. Trailers; inapplicability of act  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.
NJ Rev Stat § 40:55D-108 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-108 - Historic preservation commission funded by governing body

40:55D-108. Historic preservation commission funded by governing body  22. a. The governing body shall make provision in its budget and appropriate funds for the expenses of the historic preservation commission.  b. The historic preservation commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body, unless the governing body, by appropriation, provides for separate legal counsel for the commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the commission's use.  L.1985,c.516,c.22; amended 1991,c.199,s.7.
NJ Rev Stat § 40:55D-109 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-109 - Responsibilities of commission

40:55D-109. Responsibilities of commission  The historic preservation commission shall have the responsibility to:  a. Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report;  b. Make recommendations to the planning board on the historic preservation plan element of the master plan and on the implications for preservation of historic sites of any other master plan elements;  c. Advise the planning board on the inclusion of historic sites in the recommended capital improvement program;  d. Advise the planning board and board of adjustment on applications for development pursuant to section 24 of this amendatory and supplementary act;  e. Provide written reports pursuant to section 25 of this amendatory and supplementary act on the application of the zoning ordinance provisions concerning historic preservation; and  f. Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.  L. 1985, c. 516, s. 23.
NJ Rev Stat § 40:55D-110 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-110 - Applications for development referred to historic preservation commission

40:55D-110. Applications for development referred to historic preservation commission  24. The planning board and board of adjustment shall refer to the historic preservation commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the zoning or official map or identified in any component element of the master plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The historic preservation commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.  L.1985,c.516,s.24; amended 1991,c.199,s.8.
NJ Rev Stat § 40:55D-111 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-111 - Issuance of permits pertaining to historic sites referred to historic preservation commission

40:55D-111. Issuance of permits pertaining to historic sites referred to historic preservation commission  25. If the zoning ordinance designates and regulates historic sites or districts pursuant to subsection i. of section 52 of P.L.1975, c.291 (C.40:55D-65), the governing body shall by ordinance provide for referral of applications for issuance of permits pertaining to historic sites or property in historic districts to the historic preservation commission for a written report on the application of the zoning ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The historic preservation commission shall submit its report either to the administrative officer or the planning board, as specified by ordinance. If the ordinance specifies the submission of the historic preservation commission's report to the planning board, the planning board shall report to the administrative officer.  In the case of a referral by the administrative officer of a minor application for the issuance of a permit pertaining to historic sites or property in historic districts, as defined in the zoning ordinance, the chairman of the historic preservation commission may act in the place of the full commission for purposes of this section; and, if the ordinance specifies the submission to the planning board of a commission report on a minor application, the ordinance may authorize the chairman or a subcommittee of the planning board to act in place of the full board.  The historic preservation commission or the planning board, as the case may be, shall report to the administrative officer within 45 days of his referral of the application to the historic preservation commission. If within the 45-day period the historic preservation commission or the planning board, as the case may be, recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the 45-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.  L.1985,c.516,s.25; amended 1991,c.199,s.9.
NJ Rev Stat § 40:55D-112 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-112 - "Landmark" as substitute

40:55D-112. "Landmark" as substitute  The word "landmark" may substitute, in any ordinance, resolution, determination or official action pursuant to the "Municipal Land Use Law" (C. 40:55D-1 et seq.) and this amendatory and supplementary act, for "historic," "historic preservation" and "historic site."  L. 1985, c. 516, s. 26.
NJ Rev Stat § 40:55D-113 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-113 - Short title

40:55D-113. Short title  Sections 1 through 14 and 17 through 19 of this act shall be known and may be cited as the "Burlington County Transfer of Development Rights Demonstration Act."  L.1989,c.86,s.1.
NJ Rev Stat § 40:55D-114 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-114 - Findings, declarations

40:55D-114. Findings, declarations  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 and preserving the natural resources 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 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 prior to the implementation of development potential transfer programs on a Statewide basis, it is necessary to demonstrate its feasibility in a pilot program; that such a pilot program should take place in an area where there is experience with development easement purchase and transfer; that Burlington County served as the program area for the "Agricultural Preserve Demonstration Program Act," P.L.1976, c.50 (C.4:1B-1 et seq.), and has participated to a greater extent than any other county in both the pinelands development credit program instituted under the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) and the development easement purchase program instituted under the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.); that because of this participation and the familiarity of local government units and the residents of the county with this land use planning technique, it is especially suited and provides the most conducive laboratory to demonstrate the feasibility of such a program.  L.1989,c.86,s.2.
NJ Rev Stat § 40:55D-115 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-115 - Definitions

40:55D-115. Definitions  As used in this act: "Agricultural land" means land identified as prime, unique, or of State importance according to criteria adopted by the State Soil Conservation Committee with emphasis on lands included in an agricultural development area duly identified by a county agriculture development board and certified by the State Agriculture Development Committee according to the provisions of section 11 of P.L.1983, c.32 (C.4:1C-18);  "County agriculture development board" or "CADB" means the county agriculture development board established by Burlington county pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14);  "Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that could 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 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;  "Municipality" means any municipality in Burlington County; "Infrastructure plan" means the water, sewer, and highway development plan for the receiving zone established by a development transfer ordinance; "Development transfer bank" means a bank created pursuant to section 13 of this act; "Instruments" means the easement, credit, or other deed restriction used to record a development transfer; "Receiving zone" means an area designated in the master plan and zoning ordinance, adopted pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.), within which development is to be increased, and which is otherwise consistent with the provisions of section 6 of this act;  "Sending zone" means an area designated in the master plan and zoning ordinance, adopted pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.), within which development is to be prohibited or restricted and which is otherwise consistent with the provisions of section 6 of this act.  L.1989,c.86,s.3.
NJ Rev Stat § 40:55D-116 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-116 - Development transfers

40:55D-116. Development transfers  a. The governing body of any municipality in Burlington County may, by ordinance approved by the county planning board, provide for the transfer of development within its jurisdiction. The governing bodies of two or more municipalities may, by substantially similar ordinances, provide for a joint program for the transfer of development, including transfers from sending zones in one municipality to receiving zones in the other.  b. The Office of State Planning, established pursuant to section 6 of P.L.1985, c.398 (C.52:18A-201), shall provide such technical assistance as may be requested by municipalities or the county planning board, and as may be reasonably within the capacity of the office to provide, for the purpose of providing for development transfers pursuant to the provisions of this act. The office shall also carry out its responsibilities as provided in sections 9 and 11 of this act.  L.1989,c.86,s.4.
NJ Rev Stat § 40:55D-117 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-117 - Report; infrastructure plan; amendment of master plan, land use regulations

40:55D-117. Report; infrastructure plan; amendment of master plan, land use regulations  Prior to the adoption of any development transfer ordinance, a municipality interested in adopting the ordinance shall: a. Prepare a report that includes the following: (1) an estimate of the anticipated population and economic growth in the municipality for the succeeding 10 years; (2) the identification and description of all prospective sending and receiving zones; (3) an estimate of the development potential of the prospective sending and receiving zones; (4) an estimate of the typical land values of the proposed sending zone; (5) an estimate of existing and proposed infrastructure of the proposed receiving zone; and (6) a presentation of the procedure and method for issuing the instruments necessary to convey the development potential from the sending zone to the receiving zone. b. Cause to be prepared an infrastructure plan 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. The plan shall be enacted by ordinance prior to or concurrent with enactment of any development transfer ordinance.  c. Incorporate in its master plan and land use regulations explicit planning objectives and design standards for the receiving zone so that applications for development that maximize the use of development transfer and that are consistent with the planning objectives and design standards can be expedited. The municipality may, through application fees for development in the receiving zone, be reimbursed on a pro rata basis for the cost of amending its master plan and land use regulations.  The development transfer ordinance shall not take effect until the report and plans required under this section have been prepared and the conclusions therefrom have been included in the master plan adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).  L.1989,c.86,s.5.
NJ Rev Stat § 40:55D-118 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-118 - Designation of sending, receiving zones

40:55D-118. Designation of sending, receiving zones  The municipality shall, in view of the information gathered from the report and plans prepared pursuant to section 5 of this act, prepare a development transfer ordinance that designates sending and receiving zones.  a. In creating and establishing sending and receiving zones, the governing body of the municipality shall designate tracts of land of such size and number as may be necessary to carry out the purposes of this act. b. All land in a sending zone shall have one or more of the following characteristics: (1) substantially undeveloped or unimproved farmland, woodland, floodplain, wetlands, endangered species habitat, aquifer recharge area, recreation or park land, waterfront, or steeply sloped land; (2) land substantially improved or developed in a manner so as to present a unique and distinctive aesthetic, architectural, or historical point of interest in the municipality; (3) other improved or unimproved areas that should remain at low densities for reasons of inadequate transportation, sewerage or other infrastructure, or for such other reasons as may be necessary to implement local or regional plans.  c. Lands permanently restricted through development or conservation easements existing prior to the adoption of a development transfer ordinance may be included in a sending zone upon a finding by the municipal governing body that this inclusion is in the public interest.  d. The receiving zone shall be appropriate and suitable for development and shall be at least sufficient to accommodate at all times all of the development potential of the sending zone. e. The development potential of the receiving zone shall be determined by the governing body of the municipality utilizing the report and plans prepared pursuant to section 5 of this act; be realistically achievable in a functioning market as of the date of the adoption of the development transfer ordinance; provide for a minimum of twice the development permitted in the receiving zone as of the date of the adoption of the development transfer ordinance; and be consistent with the criteria established pursuant to subsection b. of section 8 of this act. No density increases may be achieved in a receiving zone without the use of appropriate instruments of transfer.  f. The municipal governing body shall, pursuant to the ordinance, direct the municipal planning board to carry out the development transfer program. L.1989,c.86,s.6.
NJ Rev Stat § 40:55D-119 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:55D-119 - Development transfer ordinance

40:55D-119. Development transfer ordinance  a. The 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. The development transfer ordinance shall specifically provide that upon the transfer of the 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 development transfer ordinance shall provide that, on granting a use variance under the provisions 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.  L.1989,c.86,s.7.