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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-8.6: 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-10.1: 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-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-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-40.2: 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-66.15: Conditions for deeming abandoned; legal action.
40:55D-66.16: Solar, photovoltaic energy facility, structure, certain, permitted use within every municipality.
40:55D-66.5a: 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-70.1: 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-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-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-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-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-133: Extension of approval; exceptions
40:55D-134: Extension of project exemption
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-136.6: 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.