Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:55D-10.3. Completion of application for development; certification; completion after 45 days if no certification; exception; waiver of requirements for submission An application for development shall be complete for purposes of commencing the applicable time period for action …

40:55D-10.4. Default approval An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development by reason of the failure of the municipal agency to grant or deny approval within the time period provide…

40:55D-10.5 Development regulations, certain, govern review of application. 1. Notwithstanding any provision of law to the contrary, those development regulations which are in effect on the date of submission of an application for development shall govern the review of that appli…

40:55D-100. Short title This act shall be known and may be cited as "The Affordable Housing Act of 1983." L.1983, c. 386, s. 1, eff. Jan. 1, 1984, operative Dec. 22, 1983.

40:55D-101. Legislative findings and declarations The Legislature finds and declares that: a. The housing needs of many New Jersey citizens remain unmet each year, exemplified by the fact that, in recent years, only one-half of the estimated annual need for new housing units has …

40:55D-102. Definitions As used in this act: a. "Commissioner" means the Commissioner of the Department of Community Affairs; b. "Grade" means a reference plane consisting of the average finished ground level adjacent to a structure, building, or facility at all visible exterior …

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.

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 wh…

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 …

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.

40:55D-107. Historic preservation commission a. The governing body may by ordinance provide for a historic preservation commission. b. Every historic preservation commission shall include, in designating the category of appointment, at least one member of each of the following cl…

40:55D-107.1 Historic preservation planning course required for historic preservation commissioners. 1. a. The Commissioner of Community Affairs shall prepare and offer a course in historic preservation planning within six months from the effective date of P.L.2025, c.149 (C.40:5…

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…

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 h…

40:55D-11. Contents of notice of hearing on application for development or adoption of master plan Notices pursuant to section 7.1 and 7.2 of this act shall state the date, time and place of the hearing, the nature of the matters to be considered and, in the case of notices pursu…

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 …

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 …

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…

40:55D-113. Short title Sections 1 through 14 and 17 through 19 of this act shall be known and may be cited as the "Burlington County Transfer of Development Rights Demonstration Act." L.1989,c.86,s.1.

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…

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 identifi…

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 su…

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 …

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 creati…

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 d…

40:55D-12 Notices of application, requirements. 7.1. Notice pursuant to subsections a., b., d., e., f., g. and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prev…

40:55D-12.1. Registration for notice to utility, CATV company 5. a. Every public utility, cable television company and local utility interested in receiving notice pursuant to subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12) may register with any municipality in whic…

40:55D-12.2. Local utility notice of applications 8. Within 30 days after the effective date of this act, the administrative officer of every municipality shall notify the corporate secretary of every local utility that, in order to receive notice by an applicant pursuant to subs…

40:55D-12.3 Application of subsection h. 9. Failure to give notice as required pursuant to P.L.1991, c.245, shall not invalidate any hearing or proceeding held or to be held, or any preliminary or final approval granted or to be granted, from August 7, 1991 until 75 days followin…

40:55D-12.4 Notice to military facility commander from municipality. 1. a. Any military facility commander interested in receiving notice pursuant to paragraph (2) of subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12) and section 2 of P.L.1995, c.249 (C.40:55D-62.1) ma…

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 neces…

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 …

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 sen…

40:55D-123. 3-year, six-year reviews; prevention of repeal a. The development transfer ordinance shall be reviewed by the planning board and governing body of the municipality at the end of three years subsequent to enactment. This review shall include an analysis of development …

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 …

40:55D-125. Development transfer bank a. The governing body of Burlington county or a municipality therein may provide for the purchase, sale, or exchange of the development potential that is available for transfer from a sending zone by the establishment of a development transfe…

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…

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 easemen…

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 …

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.1…

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 s…

40:55D-13 Notice concerning master plan. 7.2. Notice concerning master plan. The planning board shall give: (1) Public notice of a hearing on adoption, revision or amendment of the master plan; such notice shall be given by publication in the official newspaper of the municipalit…

40:55D-130. Short title 1. This act shall be known and may be cited as the "Permit Extension Act." L.1992,c.82,s.1.

40:55D-131. Findings, declarations 2. The Legislature finds and determines that: a. There exists a state of economic emergency in the State of New Jersey, which began on January 1, 1989, and is anticipated to extend at least through December 31, 1996, which has drastically affect…

40:55D-132. Definitions 3. As used in this act: "Approval" means any approval of a soil erosion and sediment control plan granted by a local soil conservation district under the authority conferred by R.S.4:24-22 et seq., waterfront development permit issued pursuant to R.S.12:5-…

40:55D-133. Extension of approval; exceptions 4. a. For any government approval which expired or is scheduled to expire during the economic emergency, that approval is automatically extended until December 31, 1996, except as otherwise provided hereunder. Nothing in this act shal…