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New Jersey Statutes, Title: 40, MUNICIPALITIES AND COUNTIES
Chapter 55d:
Section: 40:55d-154: Rebuttable presumption that development transfer ordinance is no longer reasonable.
18. The absence of either of the following shall constitute a rebuttable presumption that a development transfer ordinance is no longer reasonable:
a. plan endorsement pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.) or regulations adopted pursuant thereto is no longer in effect for that municipality; or
b. a sufficient percentage of the development potential has not been transferred in that municipality as provided in section 20 of P.L.2004, c.2 (C.40:55D-156).
If the ordinance of a municipality that is a participant of a joint program pursuant to section 3 of P.L.2004, c.2 (C.40:55D-139) is presumed to be no longer reasonable pursuant to this section, then the ordinances of all participating municipalities also shall be presumed to be no longer reasonable.
L.2004,c.2,s.18.
This section added to the Rutgers Database: 2012-09-26 13:37:52.
Older versions of 40:55d-154 (if available):
Court decisions that cite this statute:
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