Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:55D-164 Definitions. 1. As used in this act: "Alcoholic beverage manufacturer license" or "license" means a plenary winery license, farm winery license, limited brewery license, restricted brewery license, cidery and meadery license, and craft distillery license issued pursuan…

40:55D-165 Premises expansion permit, alcoholic beverage manufacturer license, retail consumption license holder. 2. a. (1) Following the issuance of a special ruling or adoption of regulations pursuant to subsection f. of this section, the Director of the Division of Alcoholic B…

40:55D-166 Outdoor spaces, extension of business premises, other than sale of alcoholic beverages, application filing, municipal zoning officer. 3. a. Notwithstanding the provisions of any law to the contrary, the owner or operator of a restaurant that does not sell alcoholic bev…

40:55D-167 Fixtures on private, public property, right of way, permitted use. 4. The installation and continuous use of tents, canopies, umbrellas, tables, chairs, and other fixtures on private property or public property or right of way designated by a municipality pursuant to P…

40:55D-168 Municipal ordinances, applicability, notwithstanding permitted conducting of business outdoors. 5. a. Notwithstanding any provision of P.L.2024, c.95 (C.40:55D-164 et al.) to the contrary, all other municipal ordinances pertaining to sanitation, property maintenance, n…

40:55D-169 Public sidewalks, outdoor spaces, considered portion of premises open to public. 6. A public sidewalk or an outdoor space, including pedestrian walkways and pedestrian malls, which is subject to a premises expansion permit issued pursuant to section 2 or section 3 of P…

40:55D-17. Appeal to the governing body; time; notice; modification; stay of proceedings 8. Appeal to the governing body; time; notice; modification; stay of proceedings. a. Any interested party may appeal to the governing body any final decision of a board of adjustment approvin…

40:55D-170 Construction of act; restaurants temporarily, permanently closed, limited operation due to disciplinary, legal sanctions, entering settlement agreement. 7. Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) shall be interpreted or construed as permitting or mandating the …

40:55D-171 Construction of act; State-owned rights-of-way. 10. Nothing in P.L.2024, c.95 (C.40:55D-164 et al.) permits the use of State-owned rights-of-way for the purposes of outdoor dining. A permit for the use of the State rights-of-way shall be issued upon application and app…

40:55D-18 Enforcement. 9. Enforcement. The governing body of a municipality shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condit…

40:55D-19. Appeal or petition in certain cases to the Board of Public Utilities 10. Appeal or petition in certain cases to the Board of Public Public Utilities. If a public utility, as defined in R.S.48:2-13, or an electric power generator, as defined in section 3 of P.L.1999, c.…

40:55D-2 Purpose of the act. 2. Purpose of the act. It is the intent and purpose of this act: a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general wel…

40:55D-20. Exclusive authority of planning board and board of adjustment Any power expressly authorized by this act to be exercised by (1) planning board or (2) board of adjustment shall not be exercised by any other body, except as otherwise provided in this act. L.1975, c. 291,…

40:55D-21. Tolling of running of period of approval In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise per…

40:55D-22. Conditional approvals a. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect …

40:55D-23 Planning board membership. 14. Planning board membership. a. The governing body may, by ordinance, create a planning board of seven or nine members. All members of the planning board, except for the Class II members set forth below, shall be municipal residents. The mem…

40:55D-23.1. Alternate members 13. The governing body of any municipality in which the planning board exercises the powers of the board of adjustment pursuant to subsection c. of section 16 of P.L.1975, c.291 (C.40:55D-25) may, by ordinance, provide for the appointment to the pla…

40:55D-23.2. Members of board of adjustment may serve as temporary members of planning board 5. If the planning board lacks a quorum because any of its regular or alternate members is prohibited by subsection b. of section 14 of P.L.1975, c.291 (C.40:55D-23) or section 13 of P.L.…

40:55D-23.3 Preparation, offering of basic course in land use law and planning; requirement. 2. a. The Commissioner of Community Affairs shall cause to be prepared and offered a basic course in land use law and planning within six months from the effective date of P.L.2005, c.133…

40:55D-23.4 Exemptions from educational requirements. 3. The following persons shall be exempt from the educational requirements established pursuant to section 2 of P.L.2005, c.133 (C.40:55D-23.3): a. (1) The mayor or person designated to serve on a planning board in the absence…

40:55D-24 Organization of planning board. 15. Organization of planning board. The planning board shall elect a chairman and vice chairman from the members of Class IV, select a secretary who may or may not be a member or alternate member of the planning board or a municipal emplo…

40:55D-25 Powers of planning board. 16. a. The planning board shall follow the provisions of this act and shall accordingly exercise its power in regard to: (1) The master plan pursuant to article 3; (2) Subdivision control and site plan review pursuant to article 6; (3) The offi…

40:55D-26. Referral powers Referral powers. a. Prior to the adoption of a development regulation, revision, or amendment thereto, the planning board shall make and transmit to the governing body, within 35 days after referral, a report including identification of any provisions i…

40:55D-27. Citizens advisory committee; environmental commission a. After the appointment of a planning board, the mayor may appoint one or more persons as a citizens' advisory committee to assist or collaborate with the planning board in its duties, but such person or persons sh…

40:55D-28 Preparation; contents; modification. 19. Preparation; contents; modification. a. The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the municipality in a manner which protec…

40:55D-28.1 Provision of technical assistance. 2. Upon request by a planning board, the Department of Environmental Protection shall provide technical assistance, as practicable, to a municipality preparing a climate change related hazard vulnerability assessment pursuant to subp…

40:55D-29 Preparation of capital improvement program. 20. a. The governing body may authorize the planning board from time to time to prepare a program of municipal capital improvement projects projected over a term of at least 6 years, and amendments thereto. Such program may en…

40:55D-3 Definitions; shall, may; A to C. 3. For the purposes of this act, unless the context clearly indicates a different meaning: The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action. "Administrative officer" means the clerk of t…

40:55D-30. Adoption of capital improvement program Whenever the planning board has prepared a capital improvement program pursuant to section 20 of this act, it shall recommend such program to the governing body which may adopt such program with any modification approved by affir…

40:55D-31 Review by planning board. 22. a. Whenever the planning board shall have adopted any portion of the master plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds,…

40:55D-32. Establish an official map The governing body may by ordinance adopt or amend an official map of the municipality, which shall reflect the appropriate provisions of any municipal master plan; provided that the governing body may adopt an official map or an amendment or …

40:55D-33. Change or addition to map The approval by the municipality by ordinance under the provisions of any law other than as contained in this article of the layout, widening, changing the course of or closing of any street, or the widening or changing the course of any publi…

40:55D-34. Issuance of permits for buildings or structures 25. Issuance of permits for buildings or structures. For purpose of preserving the integrity of the official map of a municipality no permit shall be issued for any building or structure in the bed of any street or public…

40:55D-35. Building lot to abut street Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the official …

40:55D-36. Appeals 27. Appeals. Where the enforcement of section 26 of P.L.1975, c.291 (C.40:55D-35) would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the board of …

40:55D-37. Grant of power; referral of proposed ordinance; county planning board approval a. The governing body may by ordinance require approval of subdivision plats by resolution of the planning board as a condition for the filing of such plats with the county recording officer…

40:55D-38 Contents of ordinance. 29. Contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following: a. Provisions, not inconsistent with other provisions of this act, for submission and proc…

40:55D-38.1 Solar panels not included in certain calculations relative to approval of subdivisions, site plans. 9. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall not include solar panels in any calculation of impervious …

40:55D-39 Discretionary contents of ordinance. 29.1. Discretionary contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans or both may include the following: a. Provisions for off-tract water, sewer, drainage, and street i…

40:55D-39.1 Provision for permanent protection of certain land. 9. a. An ordinance authorizing the planning board to approve planned developments, subdivisions, or site plans that allow for contiguous cluster or noncontiguous cluster shall provide for the permanent protection of …

40:55D-4 Definitions; D to L. 3.1. "Days" means calendar days. "Density" means the permitted number of dwelling units per gross area of land that is the subject of an application for development, including noncontiguous land, if authorized by municipal ordinance or by a planned d…

40:55D-40 Discretionary contents of subdivision ordinance. 29.2. An ordinance requiring subdivision approval by the planning board pursuant to this article may also include: a. Provisions for minor subdivision approval pursuant to section 35 of this act; and b. Standards permitti…

40:55D-40.1. Definitions 1. As used in this act: "Board" means the Site Improvement Advisory Board established by this act; "Commissioner" means the Commissioner of Community Affairs; "Department" means the Department of Community Affairs; and "Site improvement" means any constru…

40:55D-40.2. Findings, declarations 2. The Legislature hereby finds and declares that: a. The multiplicity of standards for subdivisions and site improvements that currently exists in this State increases the costs of housing without commensurate gains in the protection of the pu…

40:55D-40.3. Site Improvement Advisory Board. 3. a. There is established in, but not of, the department a Site Improvement Advisory Board, to devise statewide site improvement standards pursuant to section 4 of P.L.1993, c.32 (C.40:55D-40.4). The board shall consist of the commis…

40:55D-40.4. Submission of recommendations for Statewide site improvement standards for residential development 4. a. The board shall, no later than 180 days following the appointment of its full membership, prepare and submit to the commissioner recommendations for Statewide sit…