Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:55D-8.1 Short title. 32. Sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7) shall be known and may be cited as the "Statewide Non-residential Development Fee Act." L.2008, c.46, s.32.

40:55D-8.2 Findings, declarations relative to Statewide non-residential development fees. 33. The Legislature finds and declares: a. The collection of development fees from builders of residential and non-residential properties has been authorized by the court through the powers …

40:55D-8.3 Definitions relative to Statewide non-residential development fees. 34. As used in sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7): "Construction" means new construction and additions, but does not include alterations, reconstruction, renov…

40:55D-8.4 Fee imposed on construction resulting in non-residential development; exemptions. 35. a. Beginning on the effective date of P.L.2008, c.46 (C.52:27D-329.1 et al.), a fee is imposed on all construction resulting in non-residential development, as follows: (1) A fee equa…

40:55D-8.5 Regulations. 36. a. The commissioner shall promulgate, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such regulations as are necessary for the prompt and effective implementation of the provisions and pur…

40:55D-8.6 Inapplicability of certain provisions of law imposing fee upon developer of certain non-residential property. 37. a. The provisions of this subsection shall not apply to a financial or other contribution that a developer made or committed itself to make prior to the ef…

40:55D-8.7 Certain local ordinances void. 38. a. Except as expressly provided in P.L.2008, c.46 (C.52:27D-329.1 et al.), including subsection b. of this section, any provision of a local ordinance which imposes a fee for the development of affordable housing upon a developer of n…

40:55D-8.8 Applicability of section. 39. The provisions of this section shall apply only to those developments for which a fee was imposed pursuant to sections 32 through 38 of P.L.2008, c.46 (C.40:55D-8.1 through C.40:55D-8.7), known as the "Statewide Non-residential Development…

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 …

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 …

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 provide…

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 m…

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 additi…

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…

40:55D-85.1. Appeal to municipality of final decision on application for development by regional planning board or zoning board of adjustment a. In the case of any final decision of a regional planning board or regional zoning board of adjustment approving an application for deve…

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 offic…

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 bod…

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, re…

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.

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, an…

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…

40:55D-88.4 Authorizing resolution. 4. a. Upon adoption of an authorizing resolution by the local governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County, there is established the Peter J. Barnes III Wildlife Preserva…

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 commiss…

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 pla…

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 sh…

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 findi…

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…

40:55D-9. Meetings; municipal agency Meetings; municipal agency. a. Every municipal agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be schedule…

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 excep…

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 artic…

40:55D-92. Construction This act being necessary for the welfare of the State and its inhabitants shall be considered liberally to effect the purposes thereof. L.1975, c. 291, s. 79, eff. Aug. 1, 1976.

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 manageme…

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-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…

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 …

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 wil…

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…

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 reso…

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 pl…