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It is hereby found
and declared as follows:
a. That unless many municipalities are to accept decadence
and obsolescence as their inevitable lot, they must thoroughly analyze their
position in the industrial structure of the country and then completely
mobilize their potential resources for efficient manufacture; that the location
of industry today is more and more the result of an impartial, scientific study
of basic economic conditions; that one of the basic difficulties of many of the
municipalities of this state is that they do not know themselves; that they
have little appreciation of either their economic strength or their economic
weakness; that they have never studied impartially either the economic
advantages or the economic disadvantages of their own peculiar geographic
position; that there had been an abundance of publicity campaigns and boosting
campaigns founded upon superficial generalities and not well designed to
enlighten the prospective manufacturer; that a frank inventory of the
industrial life of New Jersey communities as a deliberate and sober inquiry of
scientific character is necessary to ascertain their real needs and to
determine their potential resources for efficient manufacture with a
constructive program for sustained and selective growth and a long term policy
of industrial rehabilitation and development is necessary.
b. That there are now many thousands of unemployed persons
within the state of New Jersey, who, if profitably employed, would create
annual pay rolls of millions of dollars; that the re-employment of the present
unemployed would quicken and improve social conditions.
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 the appeal is taken.
L.1975, c. 291, s. 61, eff. Aug. 1, 1976.
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.1979, c.216 (C.40:55D-23.1) from acting on a matter due to the member's
personal or financial interests therein, regular members of the board of
adjustment shall be called upon to serve, for that matter only, as temporary
members of the planning board in order of seniority of continuous service to
the board of adjustment until there are the minimum number of members necessary
to constitute a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be made
between regular members of equal seniority, the chairman of the board of
adjustment shall make the choice.
L.1991,c.256,s.5.
If the master plan or the official map
provides for the reservation of designated streets, public drainageways, flood
control basins, or public areas within the proposed development, before
approving a subdivision or site plan, the planning board may further require
that such streets, ways, basins or areas be shown on the plat in locations and
sizes suitable to their intended uses. The planning board may reserve the
location and extent of such streets, ways, basins or areas shown on the plat
for a period of 1 year after the approval of the final plat or within such
further time as may be agreed to by the developer. Unless during such period or
extension thereof the municipality shall have entered into a contract to
purchase or institute condemnation proceedings according to law for the fee or
a lesser interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not apply to the
streets and roads, flood control basins or public drainageways necessitated by
the subdivision or land development and required for final approval.
The developer shall be entitled to just compensation for
actual loss found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been mutually
agreed upon, just compensation shall be deemed to be the fair market value of
an option to purchase the land reserved for the period of reservation; provided
that determination of such fair market value shall include, but not be limited
to, consideration of the real property taxes apportioned to the land reserved
and prorated for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval or site
plan approval, as the case may be, caused by the reservation. The municipality
shall provide by ordinance for a procedure for the payment of all compensation
payable under this section.
L.1975, c. 291, s. 32, eff. Aug. 1, 1976.
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 identified by a county agriculture
development board and certified by the State Agriculture Development Committee
according to the provisions of section 11 of P.L.1983, c.32 (C.4:1C-18);
"County agriculture development board" or
"CADB" means the county agriculture development board established by
Burlington county pursuant to the provisions of section 7 of P.L.1983, c.32
(C.4:1C-14);
"Development potential" means the maximum number
of dwelling units or square feet of nonresidential floor area that could be
constructed on a specified lot or in a specified zone under the master plan and
land use regulations in effect on the date of the adoption of the development
transfer ordinance, and in accordance with recognized environmental
constraints;
"Development transfer" means the conveyance of
development potential, or the permission for development, from one or more lots
to one or more other lots by deed, easement, or other means as authorized by
ordinance;
"Municipality" means any municipality in
Burlington County;
"Infrastructure plan" means the water, sewer, and
highway development plan for the receiving zone established by a development
transfer ordinance;
"Development transfer bank" means a bank created
pursuant to section 13 of this act;
"Instruments" means the easement, credit, or other
deed restriction used to record a development transfer;
"Receiving zone" means an area designated in the
master plan and zoning ordinance, adopted pursuant to the provisions of
P.L.1975, c.291 (C.40:55D-1 et seq.), within which development is to be
increased, and which is otherwise consistent with the provisions of section 6
of this act;
"Sending zone" means an area designated in the
master plan and zoning ordinance, adopted pursuant to the provisions of
P.L.1975, c.291 (C.40:55D-1 et seq.), within which development is to be
prohibited or restricted and which is otherwise consistent with the provisions
of section 6 of this act.
L.1989,c.86,s.3.
Every ordinance
pursuant to this article that provides for planned developments shall require
that prior to approval of such planned developments the planning board shall
find the following facts and conclusions:
a. That departures by the proposed development from zoning
regulations otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to subsection 52c. of this act;
b. That the proposals for maintenance and conservation of
the common open space are reliable, and the amount, location and purpose of the
common open space are adequate;
c. That provision through the physical design of the
proposed development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual enjoyment
are adequate;
d. That the proposed planned development will not have an
unreasonably adverse impact upon the area in which it is proposed to be
established;
e. In the case of a proposed development which contemplates
construction over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development are
adequate.
L.1975, c. 291, s. 33, eff. Aug. 1, 1976.
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
(C.40:55D-23.3 et al.) for current and prospective members and alternate
members of local planning boards pursuant to section 14 of P.L.1975, c.291
(C.40:55D-23) and section 13 of P.L.1979, c.216 (C.40:55D-23.1), zoning boards
of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69) and
combined boards as authorized under law. The basic course to be prepared and
offered pursuant to this section shall consist of no more than five hours of
scheduled instruction and shall be structured so that a member may satisfy this
requirement within one calendar day. The commissioner shall work in conjunction
with the New Jersey Planning Officials in establishing standards for curriculum
and administration of the course of study.
b.On or after the first date on which a course in land use law and planning is
offered, except as otherwise provided in section 3 of P.L.2005, c.133
(C.40:55D-23.4), a person shall not be seated as a first-term member or
alternate member of a local planning board pursuant to section 14 of P.L.1975,
c.291 (C.40:55D-23) or section 13 of P.L.1979, c.216 (C.40:55D-23.1), a zoning
board of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69) or
a combined board as authorized under law, unless the person agrees to take the
basic course required to be offered under subsection a. of this section, which
the person shall successfully complete within 18 months of assuming board
membership in order to retain board membership.
c.Except as otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4),
any person who is serving as a member or alternate member of a planning board
or zoning board of adjustment or combined board as authorized under law on the
first date on which a course in land use law and planning is offered shall be
required to complete that course within 18 months of the date upon which the
course is first offered in order to retain membership on that board.
d.A hearing or proceeding held, or decision or recommendation made, by a
planning board or zoning board of adjustment shall not be invalidated if a
member has participated in the hearing or proceeding or in the decision making
or recommendation and that member is subsequently found not to have completed
the basic course in land use law and planning required pursuant to P.L.2005,
c.133 (C.40:55D-23.3 et al.).
L.2005,c.133,s.2.
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 of a mayor who serves as a Class I member pursuant to section 14 of
P.L.1975, c.291 (C.40:55D-23);
(2)A member of the governing body serving as a Class III member pursuant to
section 14 of P.L.1975, c.291 (C.40:55D-23);
b.Any person who is licensed as a professional planner and maintains a
certificate of license issued pursuant to chapter 14A of Title 45 of the
Revised Statutes which is current as of the date upon which that person would
otherwise be required to demonstrate compliance with the provisions of
subsection b. or c. of section 2 of P.L.2005, c.133 (C.40:55D-23.3);
c.Any person who offers proof of having completed a more extensive course in
land use law and planning than that required by section 2 of P.L.2005, c.133
(C.40:55D-23.3) within 12 months of the date upon which that person would
otherwise be required to demonstrate compliance with the provisions of
subsection b. or c. of section 2 of P.L.2005, c.133 (C.40:55D-23.3) and which,
in the determination of the commissioner, is equivalent to or more extensive
than that course offered pursuant to subsection a. of section 2 of P.L.2005,
c.133 (C.40:55D-23.3).
L.2005,c.133,s.3.
Current as of:
2009
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
substantially similar ordinances, provide for a joint program for the transfer
of development, including transfers from sending zones in one municipality to
receiving zones in the other.
b. The Office of State Planning, established pursuant
to section 6 of P.L.1985, c.398 (C.52:18A-201), shall provide such technical
assistance as may be requested by municipalities or the county planning board,
and as may be reasonably within the capacity of the office to provide, for the
purpose of providing for development transfers pursuant to the provisions of
this act. The office shall also carry out its responsibilities as provided in
sections 9 and 11 of this act.
L.1989,c.86,s.4.
Current as of:
2009
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 nonresidential districts of a municipality. The floor area occupied
in any building or structure as a child care center shall be excluded in
calculating: (1) any parking requirement otherwise applicable to that number of
units or amount of floor space, as appropriate, under State or local laws or
regulations adopted thereunder; and (2) the permitted density allowable for
that building or structure under any applicable municipal zoning ordinance.
L.1989, c.286, s.1.
Current as of:
2009
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 employee, and create and fill such other
offices as established by ordinance. An alternate member shall not serve as
chairman or vice chairman of the planning board. It may employ, or contract
for, and fix the compensation of legal counsel, other than the municipal
attorney, and experts, and other staff and services as it may deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated by the
governing body for its use. The governing body shall make provision in its
budget and appropriate funds for the expenses of the planning board.
L.1975,c.291,s.15; amended 1998, c.95, s.7.
Current as of:
2009
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 employers or landlords for the benefit
of their employees, their tenants' employees, or employees in the area
surrounding the development, and is required to be licensed by the Department
of Human Services pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.), an approving
authority may exclude the floor area to be occupied in any building or
structure by the child care center in calculating the density of that building
or structure for the purposes of determining whether or not the density is
allowable under any applicable municipal zoning ordinance.
L.1992,c.81.
Current as of:
2009
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 anticipated population and economic
growth in the municipality for the succeeding 10 years;
(2) the identification and description of all prospective
sending and receiving zones;
(3) an estimate of the development potential of the
prospective sending and receiving zones;
(4) an estimate of the typical land values of the proposed
sending zone;
(5) an estimate of existing and proposed infrastructure of
the proposed receiving zone; and
(6) a presentation of the procedure and method for issuing
the instruments necessary to convey the development potential from the sending
zone to the receiving zone.
b. Cause to be prepared an infrastructure plan for the
receiving zone, which includes the location and cost of all infrastructure and
a method of cost sharing if any portion of the cost is to be assessed against
developers. The plan shall be enacted by ordinance prior to or concurrent with
enactment of any development transfer ordinance.
c. Incorporate in its master plan and land use
regulations explicit planning objectives and design standards for the receiving
zone so that applications for development that maximize the use of development
transfer and that are consistent with the planning objectives and design
standards can be expedited. The municipality may, through application fees for
development in the receiving zone, be reimbursed on a pro rata basis for the
cost of amending its master plan and land use regulations.
The development transfer ordinance shall not take effect
until the report and plans required under this section have been prepared and
the conclusions therefrom have been included in the master plan adopted
pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).
L.1989,c.86,s.5.
Current as of:
2009
The ordinance
shall, subject to this article, set forth the specific duties to be exercised
jointly; the composition, membership and manner of appointment of any regional
board including the representation of each municipality or county; the
qualifications and manner or appointment of any joint building official, joint
zoning officer or other joint administrative officer; the term of office, the
manner of financing, the expenses of such joint exercise of powers, the share
of financing to be borne by each county and municipality joining therein, the
duration of such agreement and the manner in which such agreement may be
terminated or extended.
L.1975, c. 291, s. 65, eff. Aug. 1, 1976.
Current as of:
2009
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 official map pursuant to article 5;
(4)The zoning ordinance including conditional uses pursuant to article 8;
(5)The capital improvement program pursuant to article 4;
(6)Variances and certain building permits in conjunction with subdivision, site
plan and conditional use approval pursuant to article 7.
b.The planning board may:
(1)Participate in the preparation and review of programs or plans required by
State or federal law or regulation;
(2)Assemble data on a continuing basis as part of a continuous planning process;
and
(3)Perform such other advisory duties as are assigned to it by ordinance or
resolution of the governing body for the aid and assistance of the governing
body or other agencies or officers.
Current as of:
2009
a. Any
developer of a parcel of land greater than 100 acres in size for which the
developer is seeking approval of a planned development pursuant to P.L. 1975,
c. 291 (C. 40:55D-1 et seq.) may submit a general development plan to the
planning board prior to the granting of preliminary approval of that
development by the planning board pursuant to section 34 of P.L. 1975, c. 291
(C. 40:55D-46) or section 36 of P.L. 1975, c. 291 (C. 40:55D-48).
b. The planning board shall grant or deny general development plan
approval within 95 days after submission of a complete application to the
administrative officer, or within such further time as may be consented to by
the applicant. Failure of the planning board to act within the period
prescribed shall constitute general development plan approval of the planned
development.
L. 1987, c. 129, s. 5.
Current as of:
2009
In the event that
the developer seeks to modify the proposed timing schedule, such modification
shall require the approval of the planning board. The planning board shall, in
deciding whether or not to grant approval of the modification, take into consideration
prevailing economic and market conditions, anticipated and actual needs for
residential units and nonresidential space within the municipality and the
region, and the availability and capacity of public facilities to accommodate
the proposed development.
L. 1987, c. 129, s. 6.
Current as of:
2009
Notice of any contract for the sale,
lease, option to purchase or lease or other transfer of real property or any
interest therein proposed by the commission shall be submitted to the mayor of
the municipality whereupon such proposed commission action shall be subject to
the mayor's veto. The mayor shall exercise the veto power over this proposed
action by a written veto to the commission. The mayor shall have 10 days,
Saturdays, Sundays and holidays excepted, after receiving notice of the action
to exercise the veto power. The mayor's veto power shall be exercised in
accordance with the following guidelines: a. the action conforms to the master
plan of the community; b. the action is environmentally compatible with the
community; c. the action complies with the zoning of the industrial area; and
d. the project complies with the policies and procedures established by the
governing body in cooperation with the commission. If the mayoral veto is
exercised during the specified time period, the action of the commission shall
be considered null and void. If no veto is exercised during the specified time
period, the action of the commission shall be considered valid. The mayor, upon
receiving notice of the action, may in writing notify the commission of the approval
of the action before the expiration of the 10-day period.
L.1984, c. 196, s. 4, eff. Nov. 27, 1984.
Current as of:
2009
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 development potential
from the land, and the recording of the allowable residual use of the land upon
separation of the development potential.
b. The development transfer ordinance shall
specifically provide that upon the transfer of the development potential from a
sending zone, the owner of the property from which the development potential
has been transferred shall cause a statement containing the conditions of the
transfer and the terms of the restrictions of the use and development of the
land to be attached to and recorded with the deed of the land in the same
manner as the deed was originally recorded. These restrictions and conditions
shall state that any development inconsistent therewith is expressly
prohibited, shall run with the land, and shall be binding upon the landowner
and every successor in interest thereto.
c. The development transfer ordinance shall provide
that, on granting a use variance under the provisions of section 57 of
P.L.1975, c.291 (C.40:55D-70) that increases the development potential of a
parcel of property not in the designated receiving zone for which the variance
has been granted by more than 5%, that parcel of property shall constitute a
receiving zone and the provisions of the ordinance for receiving zones shall
apply with respect to the amount of development potential required to implement
that variance.
L.1989,c.86,s.7.
Current as of:
2009
Current as of:
2009
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 shall have no power to vote or take
other action required of the board. Such person or persons shall serve at the
pleasure of the mayor.
b. Whenever the environmental commission has prepared and
submitted to the planning board and the board of adjustment an index of the
natural resources of the municipality, the planning board or the board of
adjustment shall make available to the environmental commission an
informational copy of every application for development submitted to either
board. Failure of the planning board or board of adjustment to make such
informational copy available to the environmental commission shall not
invalidate any hearing or proceeding.
L.1975, c. 291, s. 18, eff. Aug. 1, 1976. Amended by L.1977,
c. 49, s. 1, eff. March 29, 1977.
Current as of:
2009
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 necessary for
the enactment of the development transfer ordinance to the county planning
board. If the ordinance and master plan changes involve agricultural land, then
the Burlington County Agriculture Development Board shall also be provided
information identical to that provided to the county planning board.
b. The county planning board, upon receiving the
development transfer ordinance and accompanying documentation, shall conduct a
review of the ordinance with regard to the following criteria:
(1) consistency with the adopted master plan of the county;
(2) support of regional objectives for agricultural land
preservation, natural resource management and protection, historic or
architectural conservation, or the preservation of other public values as
enumerated in subsection b. of section 6 of this act;
(3) consistency with reasonable population and economic
forecasts for the county;
(4) adequacy of present or proposed infrastructure for
concentrated growth; and
(5) sufficiency of the receiving zone to accommodate the
development potential that may be transferred from sending zones and a
reasonable assurance of marketability of any instruments of transfer that may
be created.
c. Any municipality located in whole or in part in the
pinelands area, as defined in P.L.1979, c.111 (C.13:18A-1 et seq.), shall also
submit the proposed development transfer ordinance, reports and plans, and
master plan changes to the Pinelands Commission for review. The Pinelands Commission
shall determine whether the ordinance is compatible with the pinelands
development credit program implemented pursuant to P.L.1985, c.310 (C.13:18A-30
et seq.) and is otherwise consistent with the comprehensive management plan
adopted by the Pinelands Commission pursuant to P.L.1979, c.111 (C.13:18A-1 et
seq.). If the commission determines that the development transfer ordinance is
not compatible or consistent, the commission shall make such recommendations as
may be necessary to conform the ordinance with the comprehensive management
plan. The municipality shall not adopt the ordinance unless the changes
recommended by the Pinelands Commission have been included in the ordinance.
L.1989,c.86,s.8.
Current as of:
2009
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 protects public health and safety and promotes
the general welfare.
b.The master plan shall generally comprise a report or statement and land use
and development proposals, with maps, diagrams and text, presenting, at least
the following elements (1) and (2) and, where appropriate, the following
elements (3) through (16):
(1)A statement of objectives, principles, assumptions, policies and standards
upon which the constituent proposals for the physical, economic and social
development of the municipality are based;
(2)A land use plan element (a) taking into account and stating its relationship
to the statement provided for in paragraph (1) hereof, and other master plan
elements provided for in paragraphs (3) through (14) hereof and natural
conditions, including, but not necessarily limited to, topography, soil
conditions, water supply, drainage, flood plain areas, marshes, and woodlands;
(b) showing the existing and proposed location, extent and intensity of
development of land to be used in the future for varying types of residential,
commercial, industrial, agricultural, recreational, educational and other
public and private purposes or combination of purposes; and stating the
relationship thereof to the existing and any proposed zone plan and zoning
ordinance; and (c) showing the existing and proposed location of any airports
and the boundaries of any airport safety zones delineated pursuant to the
"Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et
al.); and (d) including a statement of the standards of population density and
development intensity recommended for the municipality;
(3)A housing plan element pursuant to section 10 of P.L.1985, c.222
(C.52:27D-310), including, but not limited to, residential standards and
proposals for the construction and improvement of housing;
(4)A circulation plan element showing the location and types of facilities for
all modes of transportation required for the efficient movement of people and
goods into, about, and through the municipality, taking into account the
functional highway classification system of the Federal Highway Administration
and the types, locations, conditions and availability of existing and proposed
transportation facilities, including air, water, road and rail;
(5)A utility service plan element analyzing the need for and showing the future
general location of water supply and distribution facilities, drainage and
flood control facilities, sewerage and waste treatment, solid waste disposal
and provision for other related utilities, and including any storm water
management plan required pursuant to the provisions of P.L.1981, c.32
(C.40:55D-93 et al.). If a municipality prepares a utility service plan element
as a condition for adopting a development transfer ordinance pursuant to
subsection c. of section 4 of P.L.2004, c.2 (C.40:55D-140), the plan element
shall address the provision of utilities in the receiving zone as provided
thereunder;
(6)A community facilities plan element showing the existing and proposed
location and type of educational or cultural facilities, historic sites,
libraries, hospitals, firehouses, police stations and other related facilities,
including their relation to the surrounding areas;
(7)A recreation plan element showing a comprehensive system of areas and public
sites for recreation;
(8)A conservation plan element providing for the preservation, conservation,
and utilization of natural resources, including, to the extent appropriate,
energy, open space, water supply, forests, soil, marshes, wetlands, harbors,
rivers and other waters, fisheries, endangered or threatened species wildlife
and other resources, and which systemically analyzes the impact of each other
component and element of the master plan on the present and future
preservation, conservation and utilization of those resources;
Current as of:
2009
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 exceeding,
exclusive of gifts or grants, the amounts agreed upon and appropriated for its
use.
L.1975, c. 291, s. 68, eff. Aug. 1, 1976.
Current as of:
2009
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 offering outpatient methadone maintenance services, hereinafter
referred to as a "methadone clinic," shall be deemed to be a
'business' or commercial operation or functional equivalent thereof and shall
not be construed, for zoning purposes, as ancillary or adjunct to a doctor's
professional office. When a municipality has adopted such an ordinance, the
siting of a methadone clinic within a municipality shall be limited to zones
designated for business or commercial use.
L.2001,c.19,s.1.
Current as of:
2009
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 sending zone from which
the development potential was transferred and the lot and block number of the
parcel in the receiving zone to which the development potential was
transferred.
b. The county clerk shall transmit to the assessor of
the municipality in which a development transfer has occurred a record of the
transfer and all pertinent information required to value, assess, and tax the
properties subjectto the transfer in a manner consistent with subsection c. of
this section.
c. Property from which and to which development potential
has been transferred shall be assessed at its fair market value reflecting this
development transfer. Development potential that has been removed from a
sending zone but has not yet been employed in a receiving zone shall not be
assessed for real property taxation. Nothing in this act shall be construed to
affect, or in any other way alter, the valuation assessment, or taxation of
land that is valued, assessed, and taxed pursuant to the "Farmland
Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
d. Property in a sending or receiving zone that has
been subject to a development transfer shall be newly valued, assessed, and
taxed as of October 1 next following the development transfer.
e. Development potential that has been conveyed from a
property pursuant to this act is not subject to the fee imposed pursuant to
P.L.1968, c.49 (C.46:15-5 et seq.).
L.1989,c.86,s.10.
Current as of:
2009
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 municipality.
For the purposes of this section:
"renewable energy facility" means a facility that engages in the
production of electric energy from solar technologies, photovoltaic
technologies, or wind energy.
L.2009, c.35, s.1.
Current as of:
2009
No commission
created under the authority of this chapter shall have any power of
condemnation or eminent domain.
No commission created under the authority of this chapter
shall have power to pledge the credit of the municipality by which it is created,
or of any other municipality, or of the State of New Jersey, or to create any
debt against or in any manner act as the agent of such municipality, or of the
State of New Jersey.
Such commission shall have power and authority to make an
economic survey, analyzing the present and potential possibilities of the
municipality, with a view to ascertaining its industrial needs, determining its
resources for efficient manufacture and exploring its probable sphere in the
future development of the State and Nation. In carrying out such a survey, the
commission shall study the needs of existing local industries so that means may
be evolved to enable them to compete more successfully with competitors in
other states; and more particularly how they might successfully round out and
enlarge the products manufactured within the municipality with a view to
diversifying local industry and stabilizing employment conditions. The
commission may make any investigation deemed necessary to enable it effectually
to carry out the provisions of this chapter and for that purpose the commission
may take and hear proofs and testimony and compel the attendance of witnesses
and the production of books, papers, records and documents, including public
records, and its authorized agents may enter upon any lands as in its judgment
may be necessary for the purpose of making surveys and examinations to
accomplish any purpose authorized by this chapter.
Each commission shall make an annual report to the governing
body of the municipality by which it has been created, setting forth in detail
its operations and transactions for the preceding 12 months, and shall include
therein its receipts and disbursements during that period. A copy of the report
shall be filed in the office of the municipal clerk and be open to public
inspection during the regular business hours of the clerk's office.
Nothing in this chapter provided and no authority given to
or exercised by any commission created under this chapter shall impair or
invalidate in any way any funded indebtedness of the municipality by which it
has been created, nor impair the provisions of law regulating the payment into
sinking funds of revenues derived from municipal property, or dedicating the
revenues derived from any municipal property to a specific purpose.
The creation of a commission by a municipality shall not be
deemed to limit in any manner the municipality's right to deal with its vacant
lands, or to sell or lease the same, independently of such commission, as heretofore,
but the powers conferred upon such commission, as heretofore, but the powers
conferred upon such municipality and commission by this chapter shall be in
addition to any rights or powers now possessed by such municipality with
reference to its vacant lands or other properties.
The governing body of such municipality creating a
commission under this chapter may appropriate annually, during the life of its
commission, such sums as may be reasonably necessary to conduct the normal
operations of the commission, but no moneys so appropriated shall be used by a
commission for the construction of any building or to finance such
construction. The commission shall annually present to the chief financial
officer of the municipality its budget for operations for the ensuing year,
reflecting therein all unexpended balances on hand from previous appropriations
received from the municipality, at the same time and in the same manner and
form as is required by several departments of the municipality's government, and
the budget so submitted shall be acted upon as in the case of the budgets of
such several municipal departments, and, being so acted upon, shall be made a
part of the municipality's budget. A copy of the proposed budget shall be filed
in the commission's office and be open to public inspection during the regular
business hours of the commission's office. Each commission shall keep and
maintain at its office complete and accurate records of its accounts, and
separate accounts shall be kept for its normal functions which shall be open to
public inspection during the regular business hours of the commission's
office. No commission shall exceed its budget, and moneys received from
the municipality by which it has been created shall be expended only for the purposes
for which they have been appropriated.
Current as of:
2009
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 affirmative vote of a majority of the full
authorized membership of the governing body and with the reasons for said
modification recorded in the minutes.
L.1975, c. 291, s. 21, eff. Aug. 1, 1976.
Current as of:
2009
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 may occur at an earlier
date if the parties to the joint agreement unanimously agree to such earlier
date on or after the date of the decision to terminate as provided by the joint
agreement.
L.1975, c. 291, s. 70, eff. Aug. 1, 1976.
Current as of:
2009
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 such installations. An
application for development or appeal involving a small wind energy system
shall comply with the appropriate notice and hearing provisions otherwise
required for the application or appeal pursuant to the "Municipal Land Use
Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
b.Unreasonable limits or hindrances to performance of a small wind energy
system shall include the following:
(1)Prohibiting small wind energy systems in all districts within the
municipality;
(2)Restricting tower height or system height through application of a generic
ordinance or regulation on height that does not specifically address allowable
tower height or system height of a small wind energy system;
(3)Requiring a setback from property boundaries for a tower that is greater
than 150 percent of the system height. In a municipality that does not adopt
specific setback requirements for small wind energy systems, any small wind
energy system shall be set back from the nearest property boundary a distance
at least equal to 150 percent of the system height; provided, however, that
this setback requirement may be reduced by the zoning board of adjustment or,
if otherwise appropriate, by the planning board upon application in an
individual case if the applicant establishes the conditions for a variance
under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et
seq.) to the board's satisfaction;
(4)Setting a noise level limit lower than 55 decibels, as measured at the site
property line, or not allowing for limit overages during short-term events such
as utility outages and severe wind storms; and
(5)Setting electrical or structural design criteria that exceed applicable
provisions of the State Uniform Construction Code promulgated pursuant to the
"State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119
et seq.) and technical bulletins issued pursuant to section 2 of P.L.2009,
c.244 (C.40:55D-66.13).
c.If the Commissioner of Environmental Protection has issued a permit for the
development of a small wind energy system under the "Coastal Area Facility
Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), prior to the effective
date of P.L.2009, c.244 (C.40:55D-66.12 et seq.), provisions of subsection b.
of this section shall not apply to an application for development for that
small wind energy system if the provisions of that subsection would otherwise
prohibit approval of the application or require the approval to impose
restrictions or limitations on the small wind energy system, including but not
limited to restrictions or limitations on tower height or system height, the
setback of the system from property boundaries, and noise levels.
d.For the purposes of this section:
"Small wind energy system" means a wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity consistent with applicable provisions
of the State Uniform Construction Code promulgated pursuant to the "State
Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and
technical bulletins issued pursuant to section 2 of P.L.2009, c.244
(C.40:55D-66.13), and which will be used primarily for onsite consumption;
"System height" means the height above grade of the tower plus the
wind generator;
"Tower height" means the height above grade of the fixed portion of
the tower, excluding the wind generator; and
"Wind generator" means blades and associated mechanical and
electrical conversion components mounted on top of the tower.
L.2009, c.244, s.1.
Current as of:
2009
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 welfare;
b. To secure safety from fire, flood, panic and other natural and
man-made disasters;
c. To provide adequate light, air and open space;
d. To ensure that the development of individual municipalities
does not conflict with the development and general welfare of neighboring
municipalities, the county and the State as a whole;
e. To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f. To encourage the appropriate and efficient expenditure of
public funds by the coordination of public development with land use policies;
g. To provide sufficient space in appropriate locations for a
variety of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
h. To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location of such
facilities and routes which result in congestion or blight;
i. To promote a desirable visual environment through creative
development techniques and good civic design and arrangement;
j. To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the State and to
prevent urban sprawl and degradation of the environment through improper use of
land;
k. To encourage planned unit developments which incorporate the
best features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular site;
l. To encourage senior citizen community housing construction;
m. To encourage coordination of the various public and private
procedures and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
n. To promote utilization of renewable energy resources; and
o. To promote the maximum practicable recovery and recycling of
recyclable materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
L. 1975, c. 291, s. 2; amended by L. 1979, c. 216, s. 1; 1980, c. 146,
s. 1; 1985, c. 516, s. 1; 1987, c. 102, s. 25.
Current as of:
2009
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 a sending zone but which have not yet
been redeemed by transfer to a receiving zone by establishing density bonuses
for development transfers to designated areas of the municipality for a period
of not less than 10 years.
b. The repeal of a development transfer ordinance shall
in no way rescind or otherwise affect the restrictions imposed and recorded
pursuant to section 7 of this act on the use of the land from which the
development potential has been transferred, unless all of the municipal,
county, or State agencies to whom the deed restrictions run and whose funds
were used to purchase the easement agree that it is in the public interest to
release the restrictions.
L.1989,c.86,s.12.
Current as of:
2009
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, shall issue a technical bulletin which shall include model
municipal ordinances for the construction of small wind energy systems. Prior
to issuance of the technical bulletin, the director shall hold one or more
public hearings and solicit comments from interested parties. The Division of
Codes and Standards in the Department of Community Affairs shall post the
technical bulletin on its Internet website.
L.2009, c.244, s.2.
Current as of:
2009
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 the municipality, unless
a different municipal official or officials are designated by ordinance or
statute.
"Agricultural land" means "farmland" as defined pursuant to
section 3 of P.L.1999, c.152 (C.13:8C-3).
"Applicant" means a developer submitting an application for development.
"Application for development" means the application form and all
accompanying documents required by ordinance for approval of a subdivision
plat, site plan, planned development, conditional use, zoning variance or
direction of the issuance of a permit pursuant to section 25 or section 27 of
P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
"Approving authority" means the planning board of the municipality,
unless a different agency is designated by ordinance when acting pursuant to
the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).
"Board of adjustment" means the board established pursuant to section
56 of P.L.1975, c.291 (C.40:55D-69).
"Building" means a combination of materials to form a construction
adapted to permanent, temporary, or continuous occupancy and having a roof.
"Cable television company" means a cable television company as
defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Capital improvement" means a governmental acquisition of real
property or major construction project.
"Circulation" means systems, structures and physical improvements for
the movement of people, goods, water, air, sewage or power by such means as
streets, highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses, and other storage buildings or transshipment points.
"Common open space" means an open space area within or related to a
site designated as a development, and designed and intended for the use or
enjoyment of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
"Conditional use" means a use permitted in a particular zoning
district only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of such use as
contained in the zoning ordinance, and upon the issuance of an authorization
therefor by the planning board.
"Conventional" means development other than planned development.
"County agriculture development board" or "CADB" means a
county agriculture development board established by a county pursuant to the
provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).
"County master plan" means a composite of the master plan for the
physical development of the county in which the municipality is located, with
the accompanying maps, plats, charts and descriptive and explanatory matter
adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.
"County planning board" means the county planning board, as defined
in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land
or development is located.
L.1975,c.291,s.3; amended 1979, c.216, s.2; 1984, c.20, s.1; 1991, c.412, s.1;
2004, c.2, s.32.
Current as of:
2009
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, c.244, s.3.
Current as of:
2009
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 transfer
bank. Any development transfer bank established therefor shall be governed by a
board of directors comprising five members appointed by the governing body of
the municipality or Burlington county, as the case may be. The members shall
have expertise in either banking, law, land use planning, natural resource
protection, historic site preservation or agriculture. The bank shall be funded
at a level equal to at least 10% of the market value of the sending zone prior
to the implementation of the development transfer ordinance for the purchase,
sale, or exchange and shall be renewed to this funding level on an annual
basis. For the purposes of this act and the "Local Bond Law,"
P.L.1960, c.169 (C.40A:2-1 et seq.), a purchase by the bank shall be considered
an acquisition of lands for public purposes.
b. The development transfer bank is authorized to
purchase property in a sending zone if:
(1) Adequate funds have been provided for these purposes;
and,
(2) The person from whom the development potential is to be
purchased demonstrates possession of marketable title to the property, is
legally empowered to restrict the use of the property in conformance with this
act, and certifies that the property is not otherwise encumbered or
transferred.
c. The development transfer bank may, for the purposes
of its own development potential transactions, establish a municipal average of
the value of the development potential of all property in a sending zone of a
municipality within its jurisdiction, which value shall generally reflect
market value prior to the effective date of the development transfer ordinance.
The establishment of this municipal average shall not prohibit the purchase of
development potential for any price by private sale or transfer but shall be
used only when the development transfer bank itself is purchasing the
development potential of property in the sending zone. Several average values
in any sending zone may be established for greater accuracy of valuation.
d. The development transfer bank may sell, exchange,
or otherwise convey the development potential of property that it has purchased
or otherwise acquired pursuant to the provisions of this act, but only in a
manner that does not substantially impair the private sale or transfer of
development potential.
e. When the sending zone includes agricultural land a
development transfer bank shall, when considering the purchase of development
potential based upon values derived by municipal averaging, submit the
municipal average arrived at pursuant to subsection c. of this section for
review and comment to the CADB. The development transfer bank shall coordinate
the development transfer program with the farmland preservation program
established pursuant to P.L.1983, c.32 (C.4:1C-11 et al.) to the maximum extent
practicable and feasible.
f. A development transfer bank may apply for funds for
the purchase of development potential under the provisions of P.L.1978, c.118,
P.L.1983, c.354, or any other act providing funds for the purpose of acquiring
and developing land for recreation and conservation purposes consistent with
the provisions and conditions of those acts.
g. A development transfer bank may apply for matching
funds for the purchase of development potential under the provisions of
P.L.1981, c.276 for the purpose of farmland preservation and agricultural
development consistent with the provisions and conditions of that act and
P.L.1983, c.32 (C.4:1C-11 et al.).
L.1989,c.86,s.13.
Current as of:
2009
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 small wind energy
system. The owner shall have the right to respond to the notice of abandonment
within 30 days from the receipt date. The municipal zoning enforcement officer
shall withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn if the owner provides the municipal zoning enforcement
officer with information demonstrating the small wind energy system has not
been abandoned. If the small wind energy system is determined to be abandoned,
the owner of the small wind energy system shall remove the wind generator from
the tower at the owner's sole expense within three months of receipt of notice
of abandonment. If the owner fails to remove the wind generator from the tower,
the municipality may pursue a legal action to have the wind generator removed
at the owner's expense.
L.2009, c.244, s.4.
Current as of:
2009
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 public drainage way or
changing the boundaries of a flood control basin or public area, shall be
subject to relevant provisions of this act.
L.1975, c. 291, s. 24, eff. Aug. 1, 1976.
Current as of:
2009
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 any solid waste facility or sludge management
facility located within the county, and the county development transfer bank,
utilizing funds in that bank, may purchase or otherwise acquire the development
potential of all or any part of the buffer zone, notwithstanding whether or not
the municipality or municipalities within which the buffer zone is located has
adopted a development transfer ordinance where authorized pursuant to law. The
county development transfer bank may sell, exchange, or otherwise convey any
such development potential purchased or otherwise acquired by the county
development transfer bank, where authorized pursuant to law.
b. As used in this section:
"Development potential" means the same as that term is defined
pursuant to section 3 of P.L.1989, c.86 (C.40:55D-115).
"Development transfer" means the same as that term is defined
pursuant to section 3 of P.L.1989, c.86 (C.40:55D-115).
"Solid waste facility" means the same as that term is defined
pursuant to section 3 of P.L.1970, c.39 (C.13:1E-3).
"Sludge" means the solid residue and associated liquid
resulting from physical, chemical, or biological treatment of domestic or
industrial wastewater.
"Sludge management facility" means any facility established
for the purpose of managing, processing, or disposing of sludge.
"Wastewater" means residential, commercial, industrial, or
agricultural liquid waste, sewage, or stormwater runoff, or any combination
thereof, or other residue discharged to or collected by a sewerage system.
L.1994,c.151.
Current as of:
2009
Current as of:
2009
a. An ordinance
requiring subdivision approval by the planning board shall require that the
developer submit to the administrative officer a plat and such other
information as is reasonably necessary to make an informed decision as to whether
the requirements necessary for preliminary approval have been met;
provided that minor subdivisions pursuant to section 35 of this act shall not
be subject to this section. The plat and any other engineering documents to be
submitted shall be required in tentative form for discussion purposes for
preliminary approval.
b. If the planning board required any substantial amendment
in the layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application shall be submitted and proceeded
upon, as in the case of the original application for development. The planning
board shall, if the proposed subdivision complies with the ordinance and this
act, grant preliminary approval to the subdivision.
c. Upon the submission to the administrative officer of a
complete application for a subdivision of 10 or fewer lots, the planning board
shall grant or deny preliminary approval within 45 days of the date of such
submission or within such further time as may be consented to by the
developer. Upon the submission of a complete application for a
subdivision of more than 10 lots, the planning board shall grant or deny
preliminary approval within 95 days of the date of such submission or within
such further time as may be consented to by the developer. Otherwise, the
planning board shall be deemed to have granted preliminary approval to the
subdivision.
L.1975, c. 291, s. 36, eff. Aug. 1, 1976. Amended by L.1979,
c. 216, s. 16; L.1984, c. 20, s. 9, eff. March 22, 1984.
Current as of:
2009
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 easement subject to the
terms and conditions of the development transfer ordinance adopted pursuant to
this act; provided that if the development easement was purchased using moneys
provided under the "Farmland Preservation Bond Act of 1981,"
P.L.1981, c.276, a percentage of all revenues generated through the resale of
the development potential shall be refunded to the State in an amount equal to
the State's percentage contribution to the original development easement
purchase. Notwithstanding the foregoing, such refund shall not be paid to the
State in the event the State Treasurer determines that such refund would
adversely affect the tax-exempt status of any bonds authorized pursuant to the
"Farmland Preservation Bond Act of 1981," P.L.1981, c.276. This
repayment shall be made within 90 days after the end of the calendar year in
which the sale occurs.
L.1989,c.86,s.14; amended 1993,c.339,s.9.
Current as of:
2009
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 transfer pursuant to this act to bargain,
wholly or partially in lieu of a cash sale price, for an equitable interest in
any development in which the transfer may be used.
Any contract or conveyance of development potential in which
the consideration for the transaction is, in whole or in part, an equitable
interest remaining in the grantor, shall be a recordable instrument to be
recorded consistent with the applicable provisions of Title 46 of the Revised
Statutes.
L.1989,c.86,s.17.
Current as of:
2009
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 in the event of
partial destruction thereof.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure exists may
apply in writing for the issuance of a certificate certifying that the use or
structure existed before the adoption of the ordinance which rendered the use
or structure nonconforming. The applicant shall have the burden of proof.
Application pursuant hereto may be made to the administrative officer within
one year of the adoption of the ordinance which rendered the use or structure
nonconforming or at any time to the board of adjustment. The administrative
officer shall be entitled to demand and receive for such certificate issued by
him a reasonable fee not in excess of those provided in R.S. 54:5-14 and R.S.
54:5-15. The fees collected by the official shall be paid by him to the
municipality. Denial by the administrative officer shall be appealable to the
board of adjustment. Sections 59 through 62 of P.L. 1979, c. 291 (C. 40:55D-72
to C. 40:55D-75) shall apply to applications or appeals to the board of
adjustment.
L. 1975, c. 291, s. 55, eff. Aug. 1, 1976. Amended by L. 1985, c. 516,
s. 15.
Current as of:
2009
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 map or shall be (1) an
existing State, county or municipal street or highway, or (2) a street shown
upon a plan approved by the planning board, or (3) a street on a plat duly
filed in the office of the county recording officer prior to the passage of an
ordinance under this act or any prior law which required prior approval of
plats by the governing body or other authorized body. Before any such permit
shall be issued, (1) such street shall have been certified to be suitably
improved to the satisfaction of the governing body, or such suitable
improvement shall have been assured by means of a performance guarantee, in
accordance with standards and specifications for road improvements approved by
the governing body, as adequate in respect to the public health, safety and
general welfare of the special circumstance of the particular street and, (2)
it shall have been established that the proposed access conforms with the
standards of the State highway access management code adopted by the
Commissioner of Transportation under section 3 of the "State Highway
Access Management Act," P.L 1989, c. 32 (C. 27:7-91), in the case of a
State highway, with the standards of any access management code adopted by the
county under R.S. 27:16-1 in the case of a county road or highway, and with the
standards of any municipal access management code adopted under R.S. 40:67-1 in
the case of a municipal street or highway.
L. 1975, c. 291, s. 26; amended L. 1989, c. 32, s. 23.
Current as of:
2009
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.1989,c.86,s.18.
Current as of:
2009
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 subsection h. of section 7.1 of
P.L.1975, c.291 (C.40:55D-12), the utility shall register with the municipality
or any other municipality in which the utility has a right-of-way or easement.
L.1991,c.412,s.8.
Current as of:
2009
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 55 of P.L.1975, c.291
(C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or
other municipal rule or regulation to the contrary if it is demonstrated by
affidavit or certification that:
a. a certificate of inspection has been issued for the
hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et
seq.) or, in the case of a rooming house or boarding house, that a license has
been issued under P.L.1979, c.496 (C.55:13B-1 et al.); and
b. a hotel or guest house in the municipality which
has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1
et seq.) or rooming house or boarding house in the municipality which is
licensed under P.L.1979, c.496 (C.55:13B-1 et al.) is not prohibited from
operating on a full-year basis on February 9, 1989 or on any other day
following February 9, 1989.
L.1989, c.67, s.1.
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 submit copies of
these reports along with an analysis of the effectiveness of the ordinances in
achieving the purposes of this act to the State Planning Commission on July 1
of the third year next following enactment of this act.
c. The State Planning Commission shall submit, to the
Governor, the President of the Senate, and to the Speaker of the General
Assembly 90 days subsequent to receiving the report from the Burlington county
planning board, copies of its analysis along with its recommendations as to the
advisability of enacting transfer of development rights enabling legislation on
a Statewide basis.
L.1989,c.86,s.19.