reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.13 - Extension contingent upon sufficient capacity for sanitary sewer system.

40:55D-136.13 Extension contingent upon sufficient capacity for sanitary sewer system.
7. In the event that any approval tolled pursuant to P.L.2020, c.53 (C.40:55D-136.7 et seq.) is based upon the connection to a sanitary sewer system, the approval's extension shall be contingent upon the availability of sufficient capacity, on the part of the treatment facility, to accommodate the development whose approval has been extended. If sufficient capacity is not available, those permit holders whose approvals have been extended shall have priority with regard to the further allocation of gallonage over those approval holders who have not received approval of a hookup prior to March 9, 2020. Priority regarding the distribution of further gallonage to any permit holder who has received the extension of an approval pursuant to P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be allocated in order of the granting of the original approval of the connection.
L.2020, c.53, s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.14 - Applications for development, certain, unaffected.

40:55D-136.14 Applications for development, certain, unaffected.
8. P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall not toll any approval issued under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) in connection with an application for development involving a residential use where, subsequent to the expiration of the permit but prior to March 9, 2020, an amendment has been adopted to the master plan and the zoning ordinance to rezone the property to industrial or commercial use when the permit was issued for residential use.
L.2020, c.53, s.8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.15 - Construction of act.

40:55D-136.15 Construction of act.
9. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be construed or implemented in such a way as to modify any requirement of law that is necessary to retain federal delegation to, or assumption by, the State of the authority to implement a federal law or program.
L.2020, c.53, s.9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.16 - Wastewater management plans unaffected.

40:55D-136.16 Wastewater management plans unaffected.
10. Nothing in P.L.2020, c.53 (C.40:55D-136.7 et seq.) shall be deemed to extend the obligation of any wastewater management planning agency to submit a wastewater management plan or plan update, or the obligation of a municipality to submit a wastewater management plan or plan update, pursuant to the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.) and the Water Quality Management Planning rules, N.J.A.C.7:15-1.1 et seq.
L.2020, c.53, s.10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.17 - Pinelands permits extended.

40:55D-136.17 Pinelands permits extended.
11. All underlying municipal, county, and State permits or approvals within the regional growth areas, villages, and towns, designated in the comprehensive management plan prepared and adopted by the Pinelands Commission pursuant to section 7 of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-8), are extended
L.2020, c.53, s.11.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.18 - Notice in New Jersey Register.

40:55D-136.18 Notice in New Jersey Register.
12. a. State agencies shall, within 30 days after the effective date of P.L.2020, c.53 (C.40:55D-136.7 et seq.), place a notice in the New Jersey Register tolling approvals in conformance with P.L.2020, c.53 (C.40:55D-136.7 et seq.).
b. Any government approval subject to the automatic suspension of the running period of such approval for the COVID-19 extension period shall be registered with the department within 30 days of the notice in the New Jersey register.
c. The running period of any approval not registered pursuant to this section shall not be suspended for the COVID-19 extension period.
d. The department shall publish on its website a list of government approvals for which the running of the period of such approvals are suspended for the COVID-19 extension period within 14 days of receipt of the government approval registration pursuant to this section.
L.2020, c.53, s.12.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:55D-136.19 - Soil, fill recycling services, certain, running of period suspended.

40:55D-136.19 Soil, fill recycling services, certain, running of period suspended.
13. The running of the period of any registration, application, or licensing requirement or timeframe imposed pursuant to P.L.2019, c.397 (C.13:1E-127.1 et al.), applicable to a person who performs soil and fill recycling services related to road or bridge construction activities, shall be suspended as of March 9, 2020 and the calculation of any registration, application filing, and licensing dates and the requirements related thereto, shall resume on the 60th day after the conclusion of the COVID-19 extension period.
L.2020, c.53, s.13.