Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:55D-65.1. Zoning ordinance may designate, regulate historic sites, districts 5. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Designation and regulation pursuant to this section shall be …

40:55D-66 Miscellaneous provisions relative to zoning. 53. a. For purposes of this act, model homes or sales offices within a subdivision and only during the period necessary for the sale of new homes within such subdivision shall not be considered a business use. b. No zoning or…

40:55D-66.1 Community residences, permitted use in residential districts. 1. Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for persons with terminal illnesses, community residences for p…

40:55D-66.10. Methadone clinic deemed business for zoning purposes 1. For the purposes of any zoning ordinance adopted by any municipality in the State pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), a municipality may provide within the ordinance that a facility offerin…

40:55D-66.11 Wind and solar facilities permitted in industrial zones. 1. A renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted use within every industrial district of a mu…

40:55D-66.12 Municipal ordinances relative to small wind energy systems. 1. a. Ordinances adopted by municipalities to regulate the installation and operation of small wind energy systems shall not unreasonably limit such installations or unreasonably hinder the performance of su…

40:55D-66.13 Issuance of technical bulletin. 2. Within 10 months of enactment of P.L.2009, c.244 (C.40:55D-66.12 et seq.), the Director of the Division of Codes and Standards in the Department of Community Affairs, in consultation with the Department of Environmental Protection, …

40:55D-66.14 Compliance. 3. Small wind energy systems shall be built to comply with all applicable Federal Aviation Administration requirements, including 14 C.F.R. part 77, subpart B regarding installations close to airports, and all applicable airport zoning regulations. L.2009…

40:55D-66.15 Conditions for deeming abandoned; legal action. 4. A small wind energy system that is out of service for a continuous 12-month period shall be deemed abandoned. The municipal zoning enforcement officer may issue a notice of abandonment to the owner of an abandoned sm…

40:55D-66.16 Solar, photovoltaic energy facility, structure, certain, permitted use within every municipality. 2. a. Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on the site o…

40:55D-66.17 Findings, declarations, definitions, relative to tiny home occupancy on vacant municipal land. 1. a. The Legislature finds and declares that: (1) An excess of vacant properties present a persistent problem in many New Jersey municipalities; (2) Vacant properties crea…

40:55D-66.18 Variance not required for application. 1. An application for development submitted solely for the installation of electric vehicle supply equipment or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zon…

40:55D-66.19 Applications at gasoline station, retail establishment. 2. a. An application for development for the installation of electric vehicle supply equipment or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other…

40:55D-66.2 Definitions. 2. As used in P.L.1978, c.159 (C.40:55D-66.1 et seq.): a. "Community residence for persons with developmental disabilities" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter, and per…

40:55D-66.20 Certain multiple dwellings, preliminary site plan approval. 3. a. (1) As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is a bui…

40:55D-66.21 Model land use ordinance. 4. a. (1) Within 30 days of enactment of P.L.2021, c.171 (C.40:55D-66.18 et al.), the Commissioner of Community Affairs shall publish a model land use ordinance to address installation, sightline, and setback requirements and other health- a…

40:55D-66.3. Severability If any provision of this act or the application thereof to any person or circumstance is found unconstitutional, the remainder of this act and the application of such provisions to other persons or circumstances shall not be affected thereby, and to this…

40:55D-66.5a. Findings, declarations 1. The Legislature finds and declares that: a. With over 50 percent of working-age women now in the workforce, the need for high quality child care is of vital importance; b. Not only does the availability of child care allow parents the peace…

40:55D-66.5b. Family day care homes permitted use in residential districts; definitions 2. a. Family day care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day care homes shall be the same as for single family dwelling …

40:55D-66.6. Child care centers located in nonresidential municipal districts; permitted Child care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), shall be a permitted use in all non…

40:55D-66.7. Child care center excluded in calculation of density of building 1. In considering an application for development approval for a nonresidential development that is to include a child care center that is located on the business premises, is owned or operated by employ…

40:55D-66.7a. Child care programs, exemption from local zoning restrictions 2. Any child care program approved by a local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S.18A:20-34, …

40:55D-66.8. Siting of structure, equipment for groundwater remedial action 3. a. The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), shall be dee…

40:55D-66.9. Variance for remedial action 4. If, for any of the reasons set forth in subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), a variance is required under that subsection c. for the siting of a structure or equipment to be used in a groundwater remedial actio…

40:55D-67. Conditional uses; site plan review a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the de…

40:55D-68. Nonconforming structures and uses Nonconforming structures and uses. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired …

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 5…

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 …

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 …

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 r…

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 i…

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.

40:55D-69 Zoning board of adjustment. 56. Zoning board of adjustment. Upon the adoption of a zoning ordinance, the governing body shall create, by ordinance, a zoning board of adjustment unless the municipality is eligible for, and exercises, the option provided by subsection c. …

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 …

40:55D-69.2 Supplemental zoning boards of adjustment. 1. a. If the mayor of a municipality determines that the zoning board of adjustment is unable to process pending appeals and applications in a timely manner, the mayor may recommend the governing body of the municipality estab…

40:55D-7 Definitions; S to Z. 3.4. "Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion. "Sending zone" means an area or areas designated in a master plan and zon…

40:55D-70 Powers. 57. Powers. The board of adjustment shall have the power to: a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement …

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 a…

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 …

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 at…

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 …

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…

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 …

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 th…

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…

40:55D-76. Other powers a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to: (1) Direct issuance of a permit pursuant to section 25 of this act for a building or structure in the bed of a mapped street or public drainage way, flood con…