reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.1 - Year-round operation

40:55D-68.1. Year-round operation
Any hotel, guest house, rooming house or boarding house which is situated in any municipality which borders on the Atlantic ocean in a county of the fifth or sixth class shall be permitted to operate on a full-year basis notwithstanding section 55 of P.L.1975, c.291 (C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or other municipal rule or regulation to the contrary if it is demonstrated by affidavit or certification that:
a. a certificate of inspection has been issued for the hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) or, in the case of a rooming house or boarding house, that a license has been issued under P.L.1979, c.496 (C.55:13B-1 et al.); and
b. a hotel or guest house in the municipality which has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.) or rooming house or boarding house in the municipality which is licensed under P.L.1979, c.496 (C.55:13B-1 et al.) is not prohibited from operating on a full-year basis on February 9, 1989 or on any other day following February 9, 1989.
L.1989, c.67, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.2 - Determination of eligibility

40:55D-68.2 Determination of eligibility
The owner of any hotel, guest house, rooming house or boarding house who proposes to increase its operation to a full-year basis and who can demonstrate that a hotel, guest house, rooming house or boarding house in the municipality is not prohibited from operating on a full-year basis as provided under section 1 of this act shall file copies of that information with the Commissioner of Community Affairs in accordance with the requirements set forth in section 1 of this act and provide copies of that information to the clerks of the municipality and county in which the hotel, guest house, rooming house or boarding house is situated. The commissioner shall review that information submitted by the hotel, guest house, rooming house or boarding house owner and, within 30 days of receiving the information submitted, provide a determination of whether or not the hotel, guest house, rooming house or boarding house meets the requirements of section 1 of this act. If the commissioner does not provide a determination within the 30-day period, the hotel, guest house, rooming house or boarding house owner may commence the operation of the hotel, guest house, rooming house or boarding house on a full-year basis.
L.1989, c.67, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.3 - Penalty for violation

40:55D-68.3. Penalty for violation
Any person who knowingly files false information under this act shall be liable to a civil penalty not to exceed $1,000 for each filing. Any penalty imposed under this section may be recovered with costs in a summary proceeding pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq.
L.1989, c.67, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.4 - Certain senior citizens permitted to rent, lease rooms.

40:55D-68.4 Certain senior citizens permitted to rent, lease rooms.
1. Notwithstanding any law, ordinance, rule or regulation to the contrary, a municipality shall not prohibit any senior citizen, who is the owner of a single-family dwelling which is his primary residence, from renting or leasing a room or rooms within that dwelling, together with general use associated with that dwelling, to one person, except that nothing in this act shall be construed to prohibit a municipality from allowing the rental or leasing to more than one person.
L.1997,c.339,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.5 - "Senior citizen" defined.

40:55D-68.5 "Senior citizen" defined.
2. For the purposes of this act, a "senior citizen" is any person who has attained the age of 62 years on or after the effective date of this act, or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older.
L.1997,c.339,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-68.6 - Powers of municipality intact.

40:55D-68.6 Powers of municipality intact.
3. Nothing in this act shall be interpreted to limit the powers of a municipality to enforce applicable provisions of any laws, ordinances and regulations relating to fire safety, and public health and welfare.
L.1997,c.339,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-69.1 - Planning board members may serve temporarily on board of adjustment, supplemental zoning board of adjustment.

40:55D-69.1 Planning board members may serve temporarily on board of adjustment, supplemental zoning board of adjustment.
20. If the zoning board of adjustment or supplemental zoning board of adjustment lacks a quorum because any of its regular or alternate members is prohibited by section 56 of P.L.1975, c.291 (C.40:55D-69) or section 1 of P.L.2019, c.225 (C.40:55D-69.2) from acting on a matter due to the member's personal or financial interest therein, Class IV members of the planning board shall be called upon to serve, for that matter only, as temporary members of the zoning board of adjustment or supplemental zoning board of adjustment. The Class IV members of the planning board shall be called upon to serve in order of seniority of continuous service to the planning board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the chairman of the planning board shall make the choice.
L.1991, c.256, s.20; amended 2019, c.225, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-70.1 - Annual report

40:55D-70.1. Annual report
The board of adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The board of adjustment shall send copies of the report and resolution to the governing body and planning board.
L. 1985, c. 516, s. 16.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-70.2 - Board of adjustment, determination; reasons

40:55D-70.2. Board of adjustment, determination; reasons
6. If, in the case of an appeal made pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), the board of adjustment determines there is an error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the historic preservation commission or planning board in accordance with section 25 of P.L.1985, c.216 (C.40:55D-111), the board of adjustment shall include the reasons for its determination in the findings of its decision thereon.
L.1991,c.199,s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-71 - Expenses and costs

40:55D-71. Expenses and costs
a. The governing body shall make provision in its budget and appropriate funds for the expenses of the board of adjustment.
b. The board of adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney, and experts and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
L.1975, c. 291, s. 58, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-72 - Appeals and applications to board of adjustment

40:55D-72. Appeals and applications to board of adjustment
a. Appeals to the board of adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning ordinance or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record upon which the action appealed from was taken.
b. A developer may file an application for development with the board of adjustment for action under any of its powers without prior application to an administrative officer.
L.1975, c. 291, s. 59, eff. Aug. 1, 1976. Amended by L.1979, c. 216, s. 24.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-72.1 - Continuation of application

40:55D-72.1. Continuation of application
Any application for development submitted to the board of adjustment pursuant to lawful authority before the effective date of an ordinance pursuant to subsection c. of section 16 of P.L. 1975, c. 291 (C. 40:55D-25) may be continued at the option of the applicant, and the board of adjustment shall have every power which it possessed before the effective date of the ordinance in regard to the application.
L. 1985, c. 516, s. 9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-73 - Time for decision

40:55D-73. Time for decision
a. The board of adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer or (2) the submission of a complete application for development to the board of adjustment pursuant to section 59b. of this act.
b. Failure of the board to render a decision within such 120-day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.
L.1975, c. 291, s. 60, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-74 - Modification on appeal

40:55D-74. Modification on appeal
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-75 - Stay of proceedings by appeal; exception

40:55D-75. Stay of proceedings by appeal; exception
An appeal to the board of adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
L.1975, c. 291, s. 62, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-77 - Generally

40:55D-77. Generally
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-78 - Terms of joint agreement

40:55D-78. Terms of joint agreement
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-79 - Membership of regional boards

40:55D-79. Membership of regional boards
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-80 - Organization of regional boards; rules and procedures

40:55D-80. Organization of regional boards; rules and procedures
Each regional board shall elect a chairman and a vice chairman from among its members, with a term of 1 year and eligibility for reelection, and select a secretary, who may or may not be a member or employee of the board, and may create and fill such other offices as it may determine.
Each regional board shall adopt rules for the transaction of its business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Each regional board shall be subject to the provisions of article 1 of this act relating to rules of procedures, meetings, hearings and notices.
L.1975, c. 291, s. 67, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-81 - Expenses; staff and consultants

40:55D-81. Expenses; staff and consultants
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-82 - Sharing of costs and expenses

40:55D-82. Sharing of costs and expenses
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-83 - Termination of agreement

40:55D-83. Termination of agreement
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-84 - Regional planning board; powers

40:55D-84. Regional planning board; powers
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-85 - Regional board of adjustment

40:55D-85. Regional board of adjustment
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-86 - Appointment of joint building officials, zoning officers and planning administrative officers

40:55D-86. Appointment of joint building officials, zoning officers and planning administrative officers
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-87 - Joint administrative functions

40:55D-87. Joint administrative functions
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88 - Delegation to county, regional and interstate bodies

40:55D-88. Delegation to county, regional and interstate bodies
The governing body of any municipality may, by ordinance pursuant to a written agreement, provide for the joint administration of any or all of the powers conferred upon the municipality by this act with a county, regional or interstate body authorized to act in the region of which the municipality is part. The ordinance shall set forth the membership of the joint body, the specific administrative duties to be exercised, in the manner of financing, the share of financing to be borne by the bodies involved, the duration of the agreement and the manner in which the agreement may be terminated or extended.
L.1975, c. 291, s. 75, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.1 - Short title.

40:55D-88.1 Short title.
1. This act shall be known and may be cited as the "Peter J. Barnes III Wildlife Preservation Act."
L.2009, c.132, s.1; amended 2021, c.195, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.2 - Findings, declarations relative to the "Peter J. Barnes III Wildlife Preservation Commission."

40:55D-88.2 Findings, declarations relative to the "Peter J. Barnes III Wildlife Preservation Commission."
2. The Legislature finds and declares that:
a. The Dismal Swamp Conservation Area in Middlesex County is approximately 660 acres of freshwater wetlands, forested uplands, and meadows in a densely populated, highly developed central part of the State, offering unique natural habitat including federal priority wetlands;
b. The Dismal Swamp Conservation Area is a birding oasis in a densely developed region of the State where over 175 different bird species have been spotted, including the threatened and endangered grasshopper sparrow and yellow-crowned night-heron;
c. In addition to over 175 bird species, 25 mammals and over a dozen reptile and amphibian species have been sighted in the Dismal Swamp Conservation Area;
d. Archeological digs in the Dismal Swamp Conservation Area have uncovered at least five significant archeological sites, including one at least 10,000 years old;
e. This area, spanning Edison Township, Metuchen Borough, and South Plainfield Borough in Middlesex County, represents one of the last remaining wetland ecosystems in a highly urbanized environment in the State;
f. The area consists of privately and publicly owned parcels of land within three municipalities, each with its own planning and zoning authority, and as a result, decisions concerning development within the area are made without a coherent plan; and
g. It is therefore appropriate and in the best interests of the State to encourage the local governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County to establish a Peter J. Barnes III Wildlife Preservation Commission to provide comprehensive regulatory authority and regional planning for the area with a primary focus on protecting and preserving the ecological, historical, and recreational values of the area.
L.2009, c.132, s.2; amended 2021, c.195, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.3 - Definitions relevant to the "Peter J. Barnes III Wildlife Preservation Commission."

40:55D-88.3 Definitions relevant to the "Peter J. Barnes III Wildlife Preservation Commission."
3. As used in this act:
"Application for development" means the application form and all accompanying documents required by municipal ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or other permit as provided in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
"Commission" means the Peter J. Barnes III Wildlife Preservation Commission established pursuant to section 4 of this act upon adoption of authorizing resolutions by the local governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough in Middlesex County, respectively.
"Peter J. Barnes III Wildlife Preserve" means the area located within Edison Township, Metuchen Borough, and South Plainfield Borough in Middlesex County as delineated by a metes and bounds description approved by resolution adopted by the respective local governing bodies of those municipalities.
"Project" means any structure, land use change, or public improvement for which a permit from, or determination by, the municipality is required, which shall include, but not be limited to, building permits, zoning variances, and excavation permits.
L.2009, c.132, s.3; amended 2021, c.195, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.5 - Powers, duties of commission.

40:55D-88.5 Powers, duties of commission.
5. a. Upon establishment of the commission pursuant to section 4 of this act and appointment of its members, notwithstanding any provision of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), to the contrary, the commission shall review and approve, reject or modify all applications for development within the Peter J. Barnes III Wildlife Preserve pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.). The commission shall exercise any or all of the powers and duties of a municipal planning board and any or all of the powers and duties of a county planning board for the Peter J. Barnes III Wildlife Preserve.
No application for development shall be required to be reviewed and approved by both the commission and the planning board of a constituent municipality.
b. The commission shall review and approve, reject, or modify any State project planned within the Peter J. Barnes III Wildlife Preserve, and submit its decision to the Governor and the commissioner of the department proposing the project.
c. The review of an application for development shall not be contingent upon the adoption of the master plan pursuant to section 6 of this act; however, upon adoption of the master plan, any application for development shall be reviewed to ensure that the actions proposed in the application also conform to the master plan. Until the adoption of the master plan pursuant to section 6 of this act, the decisions of the commission shall be based upon the municipal master plans, ordinances, and resolutions of Edison Township, Metuchen Borough, and South Plainfield Borough, adopted pursuant to the provisions of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
d. The commission shall coordinate and support activities by citizens' groups to promote and preserve the Peter J. Barnes III Wildlife Preserve, and shall actively seek funds for the purchase and preservation of lands within the Peter J. Barnes III Wildlife Preserve for recreation and conservation purposes.
e. In accordance with the provisions of section 4 of P.L.1975, c.291 (C.40:55D-8), the commission may establish and charge reasonable fees for the review of applications for development submitted to the commission and for other services the commission may provide. Fees collected pursuant to this subsection shall be deposited into a separate account, and shall be dedicated for use by the commission solely for the purposes of administering and enforcing its responsibilities pursuant to this act.
L.2009, c.132, s.5; amended 2021, c.195, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.6 - Master plan for the "Peter J. Barnes III Wildlife Preservation Commission."

40:55D-88.6 Master plan for the "Peter J. Barnes III Wildlife Preservation Commission."
6. a. The commission shall prepare, or cause to be prepared, after holding one public hearing in each of the three municipalities within the Peter J. Barnes III Wildlife Preserve, a master plan for the physical, economic and social development of the Peter J. Barnes III Wildlife Preserve with elements similar to those provided for municipal master plans in section 19 of P.L.1975, c.291 (C.40:55D-28), as the commission determines to be appropriate for the preservation of the ecological and historical nature of the Peter J. Barnes III Wildlife Preserve.
The master plan shall include a report presenting the objectives, assumptions, standards and principles which are embodied in the various interlocking portions of the master plan. In preparing the master plan or any portion thereof or amendment thereto the commission shall give due consideration to: existing historical sites and potential restorations or compatible development; the range of uses and potential uses of the area in the developed communities through which it passes; designated areas to be kept as undeveloped, limited-access areas restricted to conservation or passive recreation; and any other issues the commission deems appropriate for the protection and enhancement of the area. In preparing the master plan or any portion thereof or amendment thereto, the commission shall consider existing patterns of development and any relevant master plan or other plan of development, and shall ensure widespread citizen involvement and participation in the planning process.
b. The commission shall act in support of local suggestions or desires to complement the master plan. Consultation, planning, and technical expertise shall be made available to local planning bodies that wish to implement land-use policies to enhance the area. The commission shall act on or refer complaints by citizens' groups or private residents who discover hazardous situations, pollution, or evidence of noncompliance with use regulations.
L.2009, c.132, s.6; amended 2021, c.195, s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-88.7 - No approval extended, tolled to the "Peter J. Barnes III Wildlife Preservation Commission."

40:55D-88.7 No approval extended, tolled to the "Peter J. Barnes III Wildlife Preservation Commission."
7. Notwithstanding any provision of P.L.2008 c.78 (C.40:55D-136.1 et seq.) to the contrary, no approval, as defined therein, within the Peter J. Barnes III Wildlife Preserve shall be extended or tolled pursuant to the provisions of P.L.2008, c.78 (C.40:55D-136.1 et seq.).
L.2009, c.132, s.7; amended 2021, c.195, s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-89 - Periodic examination.

40:55D-89 Periodic examination.
76. Periodic examination. The governing body shall, at least every 10 years, provide for a general reexamination of its master plan and development regulations by the planning board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the Office of Planning Advocacy and the county planning board. A notice that the report and resolution have been prepared shall be sent to any military facility commander who has registered with the municipality pursuant to section 1 of P.L.2005, c.41 (C.40:55D-12.4) and to the municipal clerk of each adjoining municipality, who may request a copy of the report and resolution on behalf of the military facility or municipality. A reexamination shall be completed at least once every 10 years from the previous reexamination.
The reexamination report shall state:
a. The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.
b. The extent to which such problems and objectives have been reduced or have increased subsequent to such date.
c. The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.
d. The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.
e. The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.
f. The recommendations of the planning board concerning locations appropriate for the development of public electric vehicle infrastructure, including but not limited to, commercial districts, areas proximate to public transportation and transit facilities and transportation corridors, and public rest stops; and recommended changes, if any, in the local development regulations necessary or appropriate for the development of public electric vehicle infrastructure.
L.1975, c.291, s.76; amended 1980, c.146, s.6; 1985, c.516, s.18; 1987, c.102, s.29; 1992, c.79, s.50; 2001, c.342, s.9; 2011, c.65, s.1; 2016, c.21, s.6; 2019, c.267, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-89.1 - Rebuttable presumption

40:55D-89.1. Rebuttable presumption
The absence of the adoption by the planning board of a reexamination report pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89) shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable.
L. 1985, c. 516, s. 19.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-90 - Moratoriums; interim zoning

40:55D-90. Moratoriums; interim zoning
Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.
b. No moratoria on applications for development or interim zoning ordinances shall be permitted except in cases where the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and in no case shall the moratorium or interim ordinance exceed a six-month term.
L. 1975, c. 291, s. 77, eff. Aug. 1, 1976. Amended by L. 1979, c. 7, s. 1, eff. Jan. 30, 1979; L. 1985, c. 516, s. 20.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-91 - Severability of provisions

40:55D-91. Severability of provisions
If the provisions of any article, section, subsection, paragraph, subdivision or clause or this act shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this act and, to this end, the provisions of each article, section, subsection, paragraph, subdivision or clause of this act are hereby declared to be severable.
L.1975, c. 291, s. 78, eff. Aug. 1, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-93 - Preparation; storm water control ordinances to implement; date of completion; reexamination

40:55D-93. Preparation; storm water control ordinances to implement; date of completion; reexamination
Every municipality in the State shall prepare a storm water management plan and a storm water control ordinance or ordinances to implement said plan. Such a storm water management plan shall be completed within 1 year from the date of promulgation of comprehensive storm water management regulations by the Commissioner of the Department of Environmental Protection, or by the next reexamination of the master plan required pursuant to section 76 of P.L.1975, c. 291 (C. 40:55D-89), whichever shall be later, provided that a grant for the preparation of the plan has been made available pursuant to section 6 hereof. The plan shall be reexamined at each subsequent scheduled reexamination of the master plan pursuant thereto. Such a storm water control ordinance or ordinances shall be adopted within 1 year of the completion of the storm water management plan and shall be revised thereafter as needed.
L.1981, c. 32, s. 1, eff. Feb. 12, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-94 - Integral part of master plan; coordination with soil conservation district and other storm water management plans

40:55D-94. Integral part of master plan; coordination with soil conservation district and other storm water management plans
Such a storm water management plan shall be an integral part of any master plan prepared by that municipality pursuant to section 19 of P.L.1975, c. 291 (C. 40:55D-28). Each municipality shall coordinate such plan with the appropriate soil conservation district established pursuant to chapter 24 of Title 4 of the Revised Statutes and with any storm water management plans prepared by any other municipality or any county, areawide agency or the State relating to the river basins located in that municipality.
L.1981, c. 32, s. 2, eff. Feb. 12, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-95 - Storm water management plan, ordinance; requirements.

40:55D-95 Storm water management plan, ordinance; requirements.
3. A storm water management plan and a storm water management ordinance or ordinances shall conform to all relevant federal and State statutes, rules and regulations concerning storm water management or flood control and shall be designed: a. to reduce flood damage, including damage to life and property; b. to minimize storm water runoff from any new land development where such runoff will increase flood damage; c. to reduce soil erosion from any development or construction project; d. to assure the adequacy of existing and proposed culverts and bridges; e. to induce water recharge into the ground where practical; f. to prevent, to the greatest extent feasible, an increase in nonpoint pollution; g. to maintain the integrity of stream channels for their biological functions, as well as for drainage; and h. to minimize public safety hazards at any storm water detention facilities constructed as part of a subdivision or pursuant to a site plan. A storm water management plan shall also include such structural changes and such additional nonstructural measures and practices as may be necessary to manage storm water. A storm water management plan and a storm water management ordinance or ordinances shall not be construed to prohibit solar panels to be constructed and installed on a site. Solar panels shall not be included in any calculation of impervious surface or impervious cover.
For purposes of this act:
"Nonpoint pollution" means pollution from any source other than from any discernible, confined and discrete conveyance, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
"Solar panel" means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
L.1981, c.32, s.3; amended 1991, c.194, s.1; 2010, c.4, s.10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-95.1 - Rules, regulations

40:55D-95.1. Rules, regulations
5. The Commissioner of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to protect the public safety with respect to storm water detention facilities, including those aspects of design and operation of storm water detention facilities that may constitute a threat to the public safety. In adopting the rules and regulations, the commissioner shall, to the maximum extent feasible:
a. Promote site-specific solutions to public safety hazards at storm water detention facilities in keeping with generally accepted storm water management and engineering principles;
b. Deter the general public, especially children, from entering areas where storm water detention facilities are located;
c. Provide guidelines for designing escape aids for individuals who may become trapped in a storm water detention facility;
d. Provide that the declivity of a storm water detention basin be as gradual as possible, but within the limits of existing water quality regulations;
e. Eliminate, where possible, public safety hazards associated with storm water detention facilities.
The commissioner shall also examine the usefulness of trash and safety racks, grates, bar screens and lattices, and fencing, and recommend their use individually or in combination with respect to each type of design for an inlet to an outlet structure of a storm water detention facility.
L.1991,c.194,s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-96 - Exceptions, permitted

40:55D-96. Exceptions, permitted
4. The Commissioner of Environmental Protection may, upon application by any municipality, grant an exception from any requirement of section 3 of P.L.1981, c.32 (C.40:55D-95), provided that the commissioner shall determine that such exception will not increase flood damage or nonpoint pollution, or constitute a threat to the public safety, within or without the municipality.
L.1981,c.32,s.4; amended 1991,c.194,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-97 - Submission of storm water management plan, ordinances; approval

40:55D-97. Submission of storm water management plan, ordinances; approval
5. Every municipality shall submit a storm water management plan and implementing ordinances adopted pursuant to this act to the county planning agency or county water resources association, as appropriate. No plan or ordinances shall take effect without approval by said agency or association. Said agency or association shall approve, conditionally approve, or disapprove said plan or ordinances in regard to their compatibility with applicable municipal, county, regional or State storm water management plans. No storm water management plan or ordinances shall be approved that are contrary to recognized storm water management principles or public safety regulations adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1). The agency or association shall set forth in writing its reasons for disapproval of any plan or ordinance, or in the case of the issuance of a conditional approval, the agency or association shall specify the necessary amendments to the plan or ordinances. Any plan or ordinance approved pursuant to this section shall take effect immediately. Any plan or ordinance conditionally approved according to this section shall take effect upon the adoption by the governing body of the amendments proposed by the agency or association. Where the agency or association fails to approve, conditionally approve, or disapprove a plan or ordinance within 60 days of receipt of the plan or ordinance, the plan or ordinance shall be considered approved.
L.1981,c.32,s.5; amended 1991,c.194,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-98 - Grants for preparation of storm water management plans

40:55D-98. Grants for preparation of storm water management plans
The Commissioner of Environmental Protection, subject to available appropriations and grants from other sources, is authorized to make grants to any municipality, county, county planning agency or county water resources agency or other regional agency authorized to prepare storm water management plans. Any grants to a municipality shall provide 90% of the cost of preparing storm water management plans. The commissioner shall prescribe and promulgate, pursuant to law, procedures for applying for the grant and terms and conditions for receiving the grant.
L.1981, c. 32, s. 6, eff. Feb. 12, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-99 - Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations

40:55D-99. Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations
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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-100 - Short title

40:55D-100. Short title
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.
2023 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.