Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 con…

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-136.13 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 contingen…

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 re…

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 implemen…

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 municip…

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 secti…

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…

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…

40:55D-136.2 Findings, declarations relative to extension of certain permits and approvals. 2. The Legislature finds and declares that: a. The most recent national recession has caused one of the longest economic downturns since the Great Depression of the 1930s and has drastical…

40:55D-136.20 Extension for certain applications to municipal agency. 14. Notwithstanding any provision of P.L.1975, c.291 (C.40:55D-1 et seq.) to the contrary, a. The 45-day period for an application for development to a municipal agency to be certified as complete pursuant to s…

40:55D-136.3 Definitions relative to extension of certain permits and approvals. 3. As used in P.L.2008, c.78 (C.40:55D-136.1 et seq.): "Approval" means, except as otherwise provided in section 4 of P.L.2008, c.78 (C.40:55D-136.4), any approval of a soil erosion and sediment cont…

40:55D-136.4 Existing government approval; extension period. 4. a. (1) For any government approval in existence during the extension period, the running of the period of approval is automatically suspended for the extension period, except as otherwise provided hereunder; however,…

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 appr…

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.

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.

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 spr…

40:55D-136.9 Definitions. 3. As used in P.L.2020, c.53 (C.40:55D-136.7 et seq.): "Approval" means, except as otherwise provided in sections 4 through 11 of P.L.2020, c.53 (C.40:55D-136.10 through C.40:55D-136.17), any approval of a soil erosion and sediment control plan granted b…

40:55D-137 Short title. 1. Sections 1 through 27 of this act shall be known and may be cited as the "State Transfer of Development Rights Act." L.2004,c.2,s.1.

40:55D-138 Findings, declarations relative to transfer of development rights by municipalities. 2. 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 ma…

40:55D-139 Transfer of development potential within jurisdiction. 3. a. The governing body of any municipality that fulfills the criteria set forth in section 4 of P.L.2004, c.2 (C.40:55D-140) may, by ordinance approved by the county planning board, provide for the transfer of de…

40:55D-14. Effect of mailing notice Any notice made by certified mail pursuant to sections 7.1 and 7.2 of this act shall be deemed complete upon mailing. L.1975, c. 291, s. 7.3, eff. Aug. 1, 1976.

40:55D-140 Actions prior to adoption, amendment. 4. Prior to the adoption or amendment of any development transfer ordinance, a municipality shall: a. Adopt a development transfer plan element of its master plan pursuant to paragraph (14) of subsection b. of section 19 of P.L.197…

40:55D-141 Development transfer plan element, required inclusions. 5. In order to serve as the basis for a development transfer ordinance pursuant to subsection a. of section 4 of P.L.2004, c.2 (C.40:55D-140), a development transfer plan element of a masterplan shall include: a. …

40:55D-142 Procedure for municipality located in pinelands area. 6. a. Any municipality located in whole or in part in the pinelands area, as defined in the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), shall submit the proposed development transfer ordinance,…

40:55D-143 Preparation, amendment of development transfer ordinance. 7. A municipality which provides for the transfer of development as set forth in section 3 of P.L.2004, c.2 (C.40:55D-139) shall prepare or amend a development transfer ordinance that designates sending and rece…

40:55D-144 Characteristics of sending zone. 8. a. A sending zone shall be composed predominantly of land having one or more of the following characteristics: (1) agricultural land, woodland, floodplain, wetlands, threatened or endangered species habitat, aquifer recharge area, re…

40:55D-145 Characteristics of receiving zone. 9. a. A receiving zone shall be appropriate and suitable for development and shall be at least sufficient to accommodate all of the development potential of the sending zone, and at all times there shall be a reasonable likelihood tha…

40:55D-146 Provisions of development transfer ordinance. 10. Except as otherwise provided in this section, a development transfer ordinance shall provide that, on granting a variance under subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70) that increases the development…

40:55D-147 Issuance of instruments, adoption of procedures relative to land use. 11. a. A 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 o…

40:55D-148 Real estate market analysis. 12. a. Prior to the final adoption of a development transfer ordinance or any significant amendment to an existing development transfer ordinance, the planning board shall conduct a real estate market analysis of the current and future land…

40:55D-149 Submission by municipality prior to adoption of ordinance to county planning board. 13. a. Prior to adoption of a development transfer ordinance or of any amendment of an existing development transfer ordinance, the municipality shall submit a copy of the proposed ordi…

40:55D-15 Notice of certain hearings. 7.4. a. Notice by personal service, certified mail, or e-mail with confirmation that the e-mail was delivered, shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development reg…

40:55D-150 Formal comments, recommendation of county planning board. 14. a. Within 60 days after receiving a proposed development transfer ordinance and accompanying documentation transmitted pursuant to section 13 of P.L.2004, c.2 (C.40:55D-149), the county planning board shall …

40:55D-151 Review by Office of Smart Growth. 15. When the Office of Smart Growth receives a petition pursuant to subsection c. of section 14 of P.L.2004, c.2 (C.40:55D-150), it shall review the petition, the record of comment of the county planning board, any supporting documenta…

40:55D-152 Approval of municipal petition; appeal. 16. If the Office of Smart Growth determines, in response to a municipal petition submitted pursuant to subsection c. of section 14 of P.L.2004, c.2 (C.40:55D-150), that the proposed development transfer ordinance may be approved…

40:55D-153 Transmission of record of transfer; assessment; taxation. 17. a. The county clerk or county register of deeds and mortgages, as the case may be, shall transmit to the assessor of the municipality in which a development potential transfer has occurred a record of the tr…

40:55D-154 Rebuttable presumption that development transfer ordinance is no longer reasonable. 18. The absence of either of the following shall constitute a rebuttable presumption that a development transfer ordinance is no longer reasonable: a. plan endorsement pursuant to P.L.1…

40:55D-155 Review by planning board, governing body after three years. 19. A development transfer ordinance and real estate market analysis shall be reviewed by the planning board and governing body of the municipality at the end of three years subsequent to its adoption. This re…

40:55D-156 Review after five years. 20. A development transfer ordinance and the real estate market analysis also shall be reviewed by the planning board and governing body of the municipality at the end of five years subsequent to its adoption. This review shall provide for the …

40:55D-157 Periodic reviews. 21. Following review of a development transfer ordinance as provided in section 20 of P.L.2004, c.2 (C.40:55D-156), the planning board and the governing body of the municipality shall review the development transfer ordinance and real estate market an…

40:55D-158 Provision for purchase, sale, exchange of development potential. 22. a. The governing body of any municipality that has adopted a development transfer ordinance, or the governing body of any county in which at least one municipality has adopted a development transfer o…

40:55D-159 Purchase by development transfer bank. 23. a. A development transfer bank may purchase property in a sending zone if adequate funds have been provided for these purposes and the person from whom the development potential is to be purchased demonstrates possession of ma…

40:55D-16. Filing of ordinances Filing of ordinances. Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the county planning board. A zoning ordinance or amendment or revision thereto which in whole or in part is i…

40:55D-160 Sale of development potential associated with development easement. 24. If the governing body of a county provides for the acquisition of a development easement under the provisions of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et al.) o…