Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:55D-43 Standards for the establishment of open space organization. 31. a. An ordinance pursuant to this article permitting planned unit development, planned unit residential development or cluster development may provide that the municipality or other governmental agency may, …

40:55D-44. Reservation of public areas If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the planning …

40:55D-45. Findings for planned developments Every ordinance pursuant to this article that provides for planned developments shall require that prior to approval of such planned developments the planning board shall find the following facts and conclusions: a. That departures by …

40:55D-45.1. General development plan a. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, a…

40:55D-45.2. Contents of general development plan A general development plan may include, but not be limited to, the following: a. A general land use plan at a scale specified by ordinance indicating the tract area and general locations of the land uses to be included in the plan…

40:55D-45.3 Submission of general development plan. 5. a. (1) Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) may submit a general development pl…

40:55D-45.4. Modification of timing schedule In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the planning board. The planning board shall, in deciding whether or not to grant approval of the modificatio…

40:55D-45.5. Variation approval a. Except as provided hereunder, the developer shall be required to gain the prior approval of the planning board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the…

40:55D-45.6. Revision of general development plan a. Except as provided hereunder, once a general development plan has been approved by the planning board, it may be amended or revised only upon application by the developer approved by the planning board. b. A developer, without …

40:55D-45.7. Notification of completion a. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obli…

40:55D-45.8. Approval terminated upon completion In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purp…

40:55D-46. Procedure for preliminary site plan approval a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as …

40:55D-46.1. Minor site plan; approval 14. An ordinance requiring, pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), notice of hearings on applications for development for conventional site plans, may authorize the planning board to waive notice and public hearing for an …

40:55D-46.2 Application to collocate wireless communications equipment; terms defined. 1. a. An application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to s…

40:55D-47. Minor subdivision 35. a. Minor subdivision. An ordinance requiring approval of subdivisions by the planning board may authorize the planning board to waive notice and public hearing for an application for development if the planning board or subdivision committee of th…

40:55D-48. Procedure for preliminary major subdivision approval a. An ordinance requiring subdivision approval by the planning board shall require that the developer submit to the administrative officer a plat and such other information as is reasonably necessary to make an infor…

40:55D-48.1. Application by corporation or partnership; list of stockholders owning 10% of stock or 10% interest in partnership A corporation or partnership applying to a planning board or a board of adjustment or to the governing body of a municipality for permission to subdivid…

40:55D-48.2. Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclo…

40:55D-48.3. Failure to comply with act; disapproval of application No planning board, board of adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with this act. L.1977, c. 336, s. 3, eff. Jan. 24, 1978.

40:55D-48.4. Concealing ownership interest; fine Any corporation or partnership which conceals the names of the stockholders owning 10% or more of its stock, or of the individual partners owning a 10% or greater interest in the partnership, as the case may be, shall be subject to…

40:55D-49 Preliminary approval, extension. 37. Preliminary approval of a major subdivision pursuant to section 36 of P.L.1975, c.291 (C.40:55D-48) or of a site plan pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46) shall, except as provided in subsections d. and g. of this …

40:55D-5 Definitions; M to O. 3.2. "Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in se…

40:55D-50 Final approval of site plans and major subdivisions. 38. Final approval of site plans and major subdivisions. a. The planning board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the sta…

40:55D-51. Exception in application of subdivision or site plan regulation; simultaneous review and approval a. The planning board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for s…

40:55D-52 Final approval of site plan or major subdivision; extension. 40. a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49), whether conditiona…

40:55D-53 Guarantees required; surety; release. 41. Guarantees required; surety; release. a. Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuan…

40:55D-53.1. Interest on deposits with municipalities Whenever an amount of money in excess of $5,000.00 shall be deposited by an applicant with a municipality for professional services employed by the municipality to review applications for development, for municipal inspection …

40:55D-53.2. Municipal payments to professionals for services rendered; determination 13. a. The chief financial officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications f…

40:55D-53.2a. Applicant notification to dispute charges; appeals; rules, regulations 3. a. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges …

40:55D-53.3. Maintenance, performance guarantees 14. A municipality shall not require that a maintenance guarantee required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53) be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A d…

40:55D-53.4. Municipal engineer to estimate cost of installation of improvements 15. The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal engineer based on documented construction costs fo…

40:55D-53.5. Performance of maintenance guarantee, acceptance 16. The approving authority shall, for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53), accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it: a. Constitutes…

40:55D-53.6. Municipality to assume payment of cost of street lighting 17. If an approving authority includes as a condition of approval of an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) the installation of street lighting on a dedicated public st…

40:55D-53a. Standardized form for performance guarantee, maintenance guarantee, letter of credit 1. The Department of Community Affairs shall adopt by regulation a standardized form for a performance guarantee, maintenance guarantee and letter of credit required by an approving a…

40:55D-53b. Acceptance of standardized form 2. Notwithstanding any ordinance to the contrary, an approving authority shall accept the standardized form for a performance guarantee, maintenance guarantee or letter of credit adopted by regulation by the Department of Community Affa…

40:55D-53c Acceptance of performance guarantee from successor developer. 4. a. The governing body or an approving authority may accept a performance guarantee in favor of the municipality from a successor developer as a replacement for a performance guarantee that was previously …

40:55D-54. Recording of final approval of major subdivision; filing of all subdivision plats 42. Recording of final approval of major subdivision; filing of all subdivision plats. a. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat u…

40:55D-54.1. Notification to tax assessor of municipality Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall, at the same time that notification is given to the planning board of the municipality pursuant to section 42 o…

40:55D-55. Selling before approval; penalty; suits by municipalities If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner …

40:55D-56. Certificates showing approval; contents The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision 3 years preceding the effective date of this act, may appl…

40:55D-57. Right of owner of land covered by certificate Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest fre…

40:55D-58. Condominiums and cooperative structures and uses This act and all development regulations pursuant thereto shall be construed and applied with reference to the nature and use of a condominium or cooperative structures or uses without regard to the form of ownership. No…

40:55D-6 Definitions; P to R. 3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12)…

40:55D-60. Planning board review in lieu of board of adjustment Whenever the proposed development requires approval pursuant to this act of a subdivision, site plan or conditional use, but not a variance pursuant to subsection d. of section 57 of this act (C. 40:55D-70), the plan…

40:55D-61. Time periods Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of this act, the planning board shall grant or deny approval of the application within 120 days after submission b…

40:55D-62 Power to zone. 49. Power to zone. a. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the planning board has adopted the land use…