§ 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 submission
§ 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 certain hearings
§ 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-28.1 Provision of technical assistance
§ 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 of 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-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, permitted use in residential districts
§ 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-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-66.17 Findings, declarations, definitions, relative to tiny home occupancy on vacant municipal land
§ 40:55D-66.18 Variance not required for application
§ 40:55D-66.19 Applications at gasoline station, retail establishment
§ 40:55D-66.20 Certain multiple dwellings, preliminary site plan approval
§ 40:55D-66.21 Model land use ordinance
§ 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 Planning board members may serve temporarily on board of adjustment, supplemental zoning board of adjustment
§ 40:55D-69.2 Supplemental zoning boards 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 “Peter J. Barnes III Wildlife Preservation Commission.”
§ 40:55D-88.3 Definitions relevant to the “Peter J. Barnes III Wildlife Preservation Commission.”
§ 40:55D-88.4 Authorizing resolution
§ 40:55D-88.5 Powers, duties of commission
§ 40:55D-88.6 Master plan for the “Peter J. Barnes III Wildlife Preservation Commission.”
§ 40:55D-88.7 No approval extended, tolled to the “Peter J. Barnes III Wildlife Preservation Commission.”
§ 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-136.7 Short title
§ 40:55D-136.8 Findings, declarations
§ 40:55D-136.9 Definitions
§ 40:55D-136.10 Running of period of approval suspended, exceptions
§ 40:55D-136.11 Administrative consent order not affected
§ 40:55D-136.12 Commissioner’s authority unaffected
§ 40:55D-136.13 Extension contingent upon sufficient capacity for sanitary sewer system
§ 40:55D-136.14 Applications for development, certain, unaffected
§ 40:55D-136.15 Construction of act
§ 40:55D-136.16 Wastewater management plans unaffected
§ 40:55D-136.17 Pinelands permits extended
§ 40:55D-136.18 Notice in New Jersey Register
§ 40:55D-136.19 Soil, fill recycling services, certain, running of period suspended
§ 40:55D-136.20 Extension for certain applications to municipal agency
§ 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
§ 40:55D-53c Acceptance of performance guarantee from successor developer

Terms Used In New Jersey Statutes > Title 40 > Chapter 55D

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • assessor: when used in relation to the assessment of taxes or water rents or other public assessments, includes all officers, boards or commissions charged with the duty of making such assessments, unless a particular officer, board or commission is specified. See New Jersey Statutes 1:1-2
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • certified mail: include private express carrier service, provided that the private express carrier service provides confirmation of mailing. See New Jersey Statutes 1:1-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month, and the word "year" means a calendar year. See New Jersey Statutes 1:1-2
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • population: when used in any statute, shall be taken to mean the population as shown by the latest Federal census effective within this State, and shall be construed as synonymous with "inhabitants. See New Jersey Statutes 1:1-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments and all rights thereto and interests therein. See New Jersey Statutes 1:1-2
  • registered mail: include "certified mail". See New Jersey Statutes 1:1-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.