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Title: 40 - MUNICIPALITIES AND COUNTIES

Chapter: 55D -

40:55D-1: Short title

40:55D-2: Purpose of the act

40:55D-3: Definitions; shall, may; A to C.

40:55D-4: Definitions; D to L.

40:55D-5: Definitions; M to O.

40:55D-6: Definitions; P to R.

40:55D-7: Definitions; S to Z.

40:55D-8: Municipal fees; exemptions.

40:55D-8.1: Short title.

40:55D-8.2: Findings, declarations relative to Statewide non-residential development fees.

40:55D-8.3: Definitions relative to Statewide non-residential development fees.

40:55D-8.4: Fee imposed on construction resulting in non-residential development; exemptions.

40:55D-8.5: Regulations.

40:55D-8.6: Inapplicability of certain provisions of law imposing fee upon developer of certain non-residential property.

40:55D-8.7: Certain local ordinances void.

40:55D-8.8: Applicability of section.

40:55D-9: Meetings; municipal agency

40:55D-10: Hearings.

40:55D-10.1: Informal review

40:55D-10.2: Voting conditions.

40:55D-10.3: Completion of application for development; certification; completion after 45 days if no certification; exception; waiver of requirements for submissi

40:55D-10.4: Default approval

40:55D-10.5: Development regulations, certain, govern review of application.

40:55D-11: Contents of notice of hearing on application for development or adoption of master plan

40:55D-12: Notices of application, requirements.

40:55D-12.1: Registration for notice to utility, CATV company

40:55D-12.2: Local utility notice of applications

40:55D-12.3: Application of subsection h.

40:55D-12.4: Notice to military facility commander from municipality.

40:55D-13: Notice concerning master plan

40:55D-14: Effect of mailing notice

40:55D-15: Notice of hearing on ordinance or capital improvement program; notice of action on capital improvement or official map

40:55D-16: Filing of ordinances

40:55D-17: Appeal to the governing body; time; notice; modification; stay of proceedings

40:55D-18: Enforcement.

40:55D-19: Appeal or petition in certain cases to the Board of Public Utilities

40:55D-20: Exclusive authority of planning board and board of adjustment

40:55D-21: Tolling of running of period of approval

40:55D-22: Conditional approvals

40:55D-23: Planning board membership.

40:55D-23.1: Alternate members

40:55D-23.2: Members of board of adjustment may serve as temporary members of planning board

40:55D-23.3: Preparation, offering of basic course in land use law and planning; requirement.

40:55D-23.4: Exemptions from educational requirements.

40:55D-24: Organization of planning board.

40:55D-25: Powers of planning board.

40:55D-26: Referral powers

40:55D-27: Citizens advisory committee; environmental commission

40:55D-28: Preparation; contents; modification.

40:55D-29: Preparation of capital improvement program.

40:55D-30: Adoption of capital improvement program

40:55D-31: Review by planning board.

40:55D-32: Establish an official map

40:55D-33: Change or addition to map

40:55D-34: Issuance of permits for buildings or structures

40:55D-35: Building lot to abut street

40:55D-36: Appeals

40:55D-37: Grant of power; referral of proposed ordinance; county planning board approval

40:55D-38: Contents ordinance

40:55D-38.1: Solar panels not included in certain calculations relative to approval of subdivisions, site plans.

40:55D-39: Discretionary contents of ordinance.

40:55D-39.1: Provision for permanent protection of certain land.

40:55D-40: Discretionary contents of subdivision ordinance

40:55D-40.1: Definitions

40:55D-40.2: Findings, declarations

40:55D-40.3: Site Improvement Advisory Board

40:55D-40.4: Submission of recommendations for Statewide site improvement standards for residential development

40:55D-40.5: Supersedure of site improvement standards

40:55D-40.6: Municipal zoning power not limited

40:55D-40.7: Construction of act

40:55D-41: Contents of site plan ordinance

40:55D-42: Contribution for off-tract water, sewer, drainage, and street improvements.

40:55D-43: Standards for the establishment of open space organization

40:55D-44: Reservation of public areas

40:55D-45: Findings for planned developments

40:55D-45.1: General development plan

40:55D-45.2: Contents of general development plan

40:55D-45.3: Submission of general development plan.

40:55D-45.4: Modification of timing schedule

40:55D-45.5: Variation approval

40:55D-45.6: Revision of general development plan

40:55D-45.7: Notification of completion

40:55D-45.8: Approval terminated upon completion

40:55D-46: Procedure for preliminary site plan approval

40:55D-46.1: Minor site plan; approval

40:55D-46.2: Application to collocate wireless communications equipment; terms defined.

40:55D-47: Minor subdivision

40:55D-48: Procedure for preliminary major subdivision approval

40:55D-48.1: Application by corporation or partnership; list of stockholders owning 10% of stock or 10% interest in partnership

40:55D-48.2: Disclosure of 10% ownership interest of corporation or partnership which is 10% owner of applying corporation or partnership

40:55D-48.3: Failure to comply with act; disapproval of application

40:55D-48.4: Concealing ownership interest; fine

40:55D-49: Preliminary approval, extension.

40:55D-50: Final approval of site plans and major subdivisions

40:55D-51: Exception in application of subdivision or site plan regulation; simultaneous review and approval

40:55D-52: Final approval of site plan or major subdivision; extension.

40:55D-53: Guarantees required; surety; release

40:55D-53a: Standardized form for performance guarantee, maintenance guarantee, letter of credit

40:55D-53b: Acceptance of standardized form

40:55D-53c: Acceptance of performance guarantee from successor developer.

40:55D-53.1: Interest on deposits with municipalities

40:55D-53.2: Municipal payments to professionals for services rendered; determination

40:55D-53.2a: Applicant notification to dispute charges; appeals; rules, regulations

40:55D-53.3: Maintenance, performance guarantees

40:55D-53.4: Municipal engineer to estimate cost of installation of improvements

40:55D-53.5: Performance of maintenance guarantee, acceptance

40:55D-53.6: Municipality to assume payment of cost of street lighting

40:55D-54: Recording of final approval of major subdivision; filing of all subdivision plats

40:55D-54.1: Notification to tax assessor of municipality

40:55D-55: Selling before approval; penalty; suits by municipalities

40:55D-56: Certificates showing approval; contents

40:55D-57: Right of owner of land covered by certificate

40:55D-58: Condominiums and cooperative structures and uses

40:55D-60: Planning board review in lieu of board of adjustment

40:55D-61: Time periods

40:55D-62: Power to zone

40:55D-62.1: Notice of hearing on amendment to zoning ordinance.

40:55D-63: Notice and protest

40:55D-64: Referral to planning board

40:55D-65: Contents of zoning ordinance.

40:55D-65.1: Zoning ordinance may designate, regulate historic sites, districts

40:55D-66: Miscellaneous provisions relative to zoning.

40:55D-66.1: Community residences, shelters, adult family care homes; permitted use in residential districts.

40:55D-66.10: Methadone clinic deemed business for zoning purposes

40:55D-66.11: Wind and solar facilities permitted in industrial zones.

40:55D-66.12: Municipal ordinances relative to small wind energy systems.

40:55D-66.13: Issuance of technical bulletin.

40:55D-66.14: Compliance.

40:55D-66.15: Conditions for deeming abandoned; legal action.

40:55D-66.16: Solar, photovoltaic energy facility, structure, certain, permitted use within every municipality.

40:55D-66.2: Definitions

40:55D-66.3: Severability

40:55D-66.5a: Findings, declarations

40:55D-66.5b: Family day care homes permitted use in residential districts; definitions

40:55D-66.6: Child care centers located in nonresidential municipal districts; permitted

40:55D-66.7: Child care center excluded in calculation of density of building

40:55D-66.7a: Child care programs, exemption from local zoning restrictions

40:55D-66.8: Siting of structure, equipment for groundwater remedial action

40:55D-66.9: Variance for remedial action

40:55D-67: Conditional uses; site plan review

40:55D-68: Nonconforming structures and uses

40:55D-68.1: Year-round operation

40:55D-68.2: Determination of eligibility

40:55D-68.3: Penalty for violation

40:55D-68.4: Certain senior citizens permitted to rent, lease rooms.

40:55D-68.5: "Senior citizen" defined.

40:55D-68.6: Powers of municipality intact.

40:55D-69: Zoning board of adjustment.

40:55D-69.1: Members of planning board may serve temporarily on the board of adjustment

40:55D-70: Powers.

40:55D-70.1: Annual report

40:55D-70.2: Board of adjustment, determination; reasons

40:55D-71: Expenses and costs

40:55D-72: Appeals and applications to board of adjustment

40:55D-72.1: Continuation of application

40:55D-73: Time for decision

40:55D-74: Modification on appeal

40:55D-75: Stay of proceedings by appeal; exception

40:55D-76: Other powers

40:55D-77: Generally

40:55D-78: Terms of joint agreement

40:55D-79: Membership of regional boards

40:55D-80: Organization of regional boards; rules and procedures

40:55D-81: Expenses; staff and consultants

40:55D-82: Sharing of costs and expenses

40:55D-83: Termination of agreement

40:55D-84: Regional planning board; powers

40:55D-85: Regional board of adjustment

40:55D-85.1: Appeal to municipality of final decision on application for development by regional planning board or zoning board of adjustment

40:55D-86: Appointment of joint building officials, zoning officers and planning administrative officers

40:55D-87: Joint administrative functions

40:55D-88: Delegation to county, regional and interstate bodies

40:55D-88.1: Short title.

40:55D-88.2: Findings, declarations relative to the Dismal Swamp Conservation Area.

40:55D-88.3: Definitions relative to the Dismal Swamp Conservation Area.

40:55D-88.4: Dismal Swamp Preservation Commission.

40:55D-88.5: Powers, duties of commission.

40:55D-88.6: Master plan for physical, economic and social development of Dismal Swamp.

40:55D-88.7: No approval extended, tolled within Dismal Swamp.

40:55D-89: Periodic examination.

40:55D-89.1: Rebuttable presumption

40:55D-90: Moratoriums; interim zoning

40:55D-91: Severability of provisions

40:55D-92: Construction

40:55D-93: Preparation; storm water control ordinances to implement; date of completion; reexamination

40:55D-94: Integral part of master plan; coordination with soil conservation district and other storm water management plans

40:55D-95: Storm water management plan, ordinance; requirements.

40:55D-95.1: Rules, regulations

40:55D-96: Exceptions, permitted

40:55D-97: Submission of storm water management plan, ordinances; approval

40:55D-98: Grants for preparation of storm water management plans

40:55D-99: Technical assistance and planning grants for municipalities from counties and county planning agencies and water resources associations

40:55D-100: Short title

40:55D-101: Legislative findings and declarations

40:55D-102: Definitions

40:55D-103: Manufactured homes on land with title in owner

40:55D-104: Prohibition of use by municipal agency of discriminatory development regulations to exclude or restrict

40:55D-105: Review and approval of development regulations by municipal agency; determination of mobile home parks as means of affordable housing

40:55D-106: Trailers; inapplicability of act

40:55D-107: Historic preservation commission

40:55D-108: Historic preservation commission funded by governing body

40:55D-109: Responsibilities of commission

40:55D-110: Applications for development referred to historic preservation commission

40:55D-111: Issuance of permits pertaining to historic sites referred to historic preservation commission

40:55D-112: "Landmark" as substitute

40:55D-113: Short title

40:55D-114: Findings, declarations

40:55D-115: Definitions

40:55D-116: Development transfers

40:55D-117: Report; infrastructure plan; amendment of master plan, land use regulations

40:55D-118: Designation of sending, receiving zones

40:55D-119: Development transfer ordinance

40:55D-120: Review of ordinance

40:55D-121: Review, recommendations by county planning board, CADB, Office of State Planning

40:55D-122: Recording of transfer; record to assessor; taxation

40:55D-123: 3-year, six-year reviews; prevention of repeal

40:55D-124: Repeal of development transfer ordinance

40:55D-125: Development transfer bank

40:55D-125.1: Solid waste facility buffer zone; definitions

40:55D-126: Sale of development potential

40:55D-127: Right to bargain for equitable interest

40:55D-128: Farm benefits rights

40:55D-129: Reports; analysis

40:55D-130: Short title

40:55D-131: Findings, declarations

40:55D-132: Definitions

40:55D-133: Extension of approval; exceptions

40:55D-134: Extension of project exemption

40:55D-135: Notice

40:55D-136: Liberal construction

40:55D-136.1: Short title.

40:55D-136.2: Findings, declarations relative to extension of certain permits and approvals.

40:55D-136.3: Definitions relative to extension of certain permits and approvals.

40:55D-136.4: Existing government approval; extension period.

40:55D-136.5: Notice.

40:55D-136.6: Liberal construction.

40:55D-137: Short title.

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

40:55D-139: Transfer of development potential within jurisdiction.

40:55D-140: Actions prior to adoption, amendment.

40:55D-141: Development transfer plan element, required inclusions.

40:55D-142: Procedure for municipality located in pinelands area.

40:55D-143: Preparation, amendment of development transfer ordinance.

40:55D-144: Characteristics of sending zone.

40:55D-145: Characteristics of receiving zone.

40:55D-146: Provisions of development transfer ordinance.

40:55D-147: Issuance of instruments, adoption of procedures relative to land use.

40:55D-148: Real estate market analysis.

40:55D-149: Submission by municipality prior to adoption of ordinance to county planning board.

40:55D-150: Formal comments, recommendation of county planning board.

40:55D-151: Review by Office of Smart Growth.

40:55D-152: Approval of municipal petition; appeal.

40:55D-153: Transmission of record of transfer; assessment; taxation.

40:55D-154: Rebuttable presumption that development transfer ordinance is no longer reasonable.

40:55D-155: Review by planning board, governing body after three years.

40:55D-156: Review after five years.

40:55D-157: Periodic reviews.

40:55D-158: Provision for purchase, sale, exchange of development potential.

40:55D-159: Purchase by development transfer bank.

40:55D-160: Sale of development potential associated with development easement.

40:55D-161: Right to farm benefits.

40:55D-162: Annual report by municipality to county; county to State.

40:55D-163: Construction of act relative to Burlington County municipalities.